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(영문) 대법원 2020.01.30 2018도2082
업무상횡령등
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 lower court convicted the Defendant of the facts charged of the instant case (excluding the part not guilty of the first instance judgment).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating Articles 73-2 and 29(6) of the Private School Act, “expenses directly required for school education” as prescribed by Article 13(2)2 and 5 of the Enforcement Decree of the Private School Act, and intention of intentional and unlawful acquisition in the crime

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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