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(영문) 대법원 2016.05.12 2016도2893
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

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

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s judgment that found the Defendant guilty of the modified facts charged (excluding the portion not guilty of the reasoning of the lower judgment) on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of embezzlement, intent of unlawful acquisition, property damage in the course of occupational breach of trust, succession

2. Examining the reasoning of the judgment of the court below in light of the records, the court below was just in finding the Defendant not guilty on the ground that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) due to the transfer of KRW 200,000 among the money listed in Nos. 2, 3, 7, and 9 of the crime list Nos. 2, 7, and 8 of the revised charges of this case and KRW 225,00,000 among the money listed in No. 8 of the crime list No. 225,00,000 among the revised charges of this case on the grounds as stated in the judgment of the court below, and contrary to what is alleged in the grounds

3. 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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