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(영문) 대법원 2017.02.21 2016도11226
업무상횡령등
Text

All appeals are dismissed.

Of the judgment of the court of first instance, the judgment of the court below is rendered on September 16, 2015.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that there was no proof of the crime regarding the following facts: (a) the preparation of a private document for qualification reproduction among the facts charged in the instant case against Defendant A; (b) the use of a private document for qualification reproduction; (c) the use of a private document for the original document; (d) the use of an original document for false entries; (e) the use of an original document for the use of an original document for a process;

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of facts against the principle of free evaluation of evidence against logical and empirical rules, or in the misapprehension of legal principles as to embezzlement.

Therefore, all appeals are dismissed. Since it is clear that the judgment of the court of first instance is erroneous in the indication of the judgment of the court of first instance, it is decided to revise it in accordance with Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent

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