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(영문) 대법원 2014.08.28 2014도6286

특정경제범죄가중처벌등에관한법률위반(횡령)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

A. As to the first ground for appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, as long as the selection of evidence and the determination of probative value based on the premise of fact finding do not exceed the bounds of the principle of free evaluation of evidence, it belongs to the discretion

(Article 308 of the Criminal Procedure Act). The court below determined that the circumstances described in the first instance court and the evidence duly admitted are co-principals of the crime of interference with business since they can be seen as indirect or circumstantial facts that prove that Defendant A, the chief executive officer of the school foundation BL International Middle School, ordered BL Elementary School students from BL Elementary School to engage in the crime of interference with business by explicitly or implicitly ordering sexual manipulation for students from BL Elementary School, and thus, Defendant A constitutes co-principals of the crime of interference with business.

In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error of misapprehending the rules of evidence collection or the principle of liability as alleged in the grounds of appeal.

B. As to the second ground of appeal, it is established that the use of funds by others for purposes other than the limited purpose is attributable to the personal purpose, and as a result, even if the entrusted principal is above the entrusted principal, it constitutes embezzlement by realizing the intent of unlawful acquisition as an act of use. The accounts of school juristic persons under Article 29 of the Private School Act and Article 29 of the Enforcement Decree of the same Act are divided into the accounts of school juristic persons and corporate accounts, and the revenues that belong to the accounts of school accounting, especially to the accounts of school expenses, are different.