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(영문) 대법원 2020.05.28 2020도2632
특정경제범죄가중처벌등에관한법률위반(횡령)
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).

Of the facts charged in the instant case, the lower court found the Defendant guilty of the part of the occupational embezzlement on the pretext of payment of the early payment and apartment purchase price.

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 intent of unlawful acquisition in occupational embezzlement.

Although the Defendant appealed to the entire judgment of the lower court, the remainder of the conviction did not state the grounds of objection in the petition of appeal or the appellate brief.

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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