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(영문) 대법원 2020.05.14 2020도3138

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of occupational embezzlement.

In addition, the court may choose not to investigate the issue of whether to adopt the application for examination of evidence at the discretion of the court when it deems it unnecessary (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 2011). As such, the court below revoked the decision to adopt a witness due to the absence of I in his/her presence.

Even if it is not illegal, it cannot be considered unlawful.

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