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(영문) 대법원 2013.03.14 2010도1379

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

After compiling the adopted evidence, the court below acknowledged the facts as stated in its holding, and determined that the defendant, the representative director of the victim company, voluntarily withdraws 3 billion won from the account of the victim company and offered it as security for the defendant's personal obligation constitutes an act of occupational embezzlement.

In light of the records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there are no errors of exceeding the bounds of the principle of free evaluation of evidence in selecting evidence or finding facts, or of misapprehending the legal principles as to intent

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