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(영문) 대법원 2018.12.13 2018도15530

횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there is no proof of crime, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition of embezzlement.

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