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(영문) 대법원 2013.04.26 2013도2022

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that the facts charged in this case were guilty on the grounds as stated in its reasoning is acceptable. In so doing, the court below erred by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to the establishment of embezzlement, or by violating the rules of evidence as to confession.

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