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(영문) 대법원 2017.06.29 2017도850
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court is justifiable to have found the Defendant guilty of each of the following facts: (a) the fact of occupational embezzlement of KRW 120 million in co-investment among the facts charged in the instant case; and (b) the fact of occupational breach of trust by the use of a company card, which is the facts charged with the change in the case 678 high group of the Busan District Court Branch Branch of the 2015

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

2. On the grounds of the prosecutor’s appeal, the lower court acquitted the prosecutor on the charge of occupational embezzlement of KRW 72,102,550, among the facts charged in the instant case, on the grounds stated in its reasoning, on the grounds that there is no proof of each crime, and acquitted the prosecutor on the charge of occupational embezzlement of KRW 72,102,550, among the facts charged in the instant case, and acquitted the Defendant on the charge of occupational breach of trust through the use

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the principle of trial of evidence.

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

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