logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.09.13 2018도10595
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the lower court convicted Defendant A of the charge of embezzlement of shareholder dividend on the part of the facts charged against Defendant A, and of the proof of breach of trust.

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the illegal solicitation of embezzlement, illegal acquisition intent, and the crime of embezzlement.

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant C guilty on the grounds indicated in its reasoning.

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on illegal solicitation of taking property in breach of trust.

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

arrow