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(영문) 대법원 2018.10.25 2018도12436

근로기준법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that the Defendant was guilty of all of the facts charged in the instant case’s embezzlement of the victim S SS Co., Ltd., the fraud of the victim U, the fraud of the victim AA, the crime of occupational embezzlement against the victim E, and the evasion of compulsory execution.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to the admissibility of evidence illegally collected by a person who has violated logical and empirical rules, thereby admitting a fact beyond the bounds of the principle of free evaluation of evidence, or by misunderstanding the criminal intent of defraudation, legitimate right to file a complaint

In addition, the argument that there is no intention to acquire illegality with regard to the fact of embezzlement against the victim S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S's criminal intent in relation to the fraud against the victim AA, and that there is no intention to acquire illegality with regard to the fact of occupational embezzlement against the victim E., the argument that there is no intention to acquire illegality is asserted only in the final appeal that the defendant is the ground for appeal or the lower court does not have been subject

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