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(영문) 대법원 2014.11.27 2011도14691
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below reversed the judgment of the court of first instance and acquitted the defendant on the grounds that it is difficult to view that the defendant was in the position of a person who keeps the money deposited in the account in the name B for the victim's name in which the defendant and the co-defendant B acquired the so-called "Soverbook" from the defendant and the co-defendant B.

In light of the relevant legal principles and records, the above judgment of the court below is acceptable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on “a person who keeps another’s property.

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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