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(영문) 대법원 2013.10.11 2013도3098
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, the court below’s finding the Defendant guilty of occupational embezzlement (excluding the part not guilty in the grounds of appeal) among the facts charged in the instant case on the grounds as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors in finding facts contrary to logical and empirical rules or in misapprehending the legal principles as to identity of the facts charged, intent to illegally obtain and prove the burden of proof in the occupational embezzlement, or in failing to exhaust all necessary deliberations.

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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