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(영문) 대법원 2013.10.11 2012도2525
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the first ground of appeal, the intent of unlawful acquisition in the crime of occupational embezzlement refers to the intent to dispose of another person's property in violation of his/her duties for the purpose of promoting his/her own interest or a third party's own interest, and the crime of occupational embezzlement is established when such intent of unlawful acquisition is finally expressed externally. As long as the crime is established by embezzlement of another person's money kept in his/her business with the intent of unlawful acquisition, as long as the crime is established by embezzlement of another person's money being kept in his/her business with the intent of unlawful acquisition, the person who committed the crime of embezzlement asserts that he/she has a separate monetary claim against the owner of the goods, and as such, it does not affect the crime of occupational embezzlement already established even if

(See Supreme Court Decision 95Do59 delivered on March 14, 1995). The court below acknowledged facts as stated in its reasoning. The court below acknowledged that the defendant, the president of the victim medical corporation, transferred the remainder of the real estate purchase price of this case borne by the defendant personally with N to eight times from June 1, 2009 to October 29, 2010, a sum of 49,769,950 won from the victim medical corporation to N account eight times from the victim medical corporation to N account. On the other hand, the defendant had the intent of embezzlement and illegal acquisition. On June 15, 2009, the court below acknowledged that the above decision was delivered to the victim medical corporation on June 15, 200, in light of the fact that the defendant transferred the remainder of the real estate purchase price of this case and the delayed payment thereof to N account, without relation to the claim seizure and assignment order, and that the above decision was more related to the aforementioned amount transferred to the victim medical corporation on June 15, 2009.

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