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(영문) 대법원 2015.01.29 2014도14138

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the court below, the court below was just in finding Defendant A guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) for KRW 8.476 million among the facts charged against Defendant A on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged against Defendant B, on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.