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(영문) 대법원 2019.02.14 2018도19384
특정경제범죄가중처벌등에관한법률위반(사기)등
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).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of each embezzlement and embezzlement of the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), or by misapprehending the legal principles as to the status of custodian, consignment relationship, intent of unlawful acquisition, timing and method of calculating the amount of embezzlement, amount of profit in embezzlement, and other persons

The Supreme Court precedents cited in the grounds of appeal are different from the instant case, and thus, are inappropriate to be invoked in the instant case.

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

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