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(영문) 대법원 2013.03.28 2012도12189
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that 70,000 won of the instant facts charged was recognized as occupational embezzlement on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court, on the grounds stated in its reasoning, acquitted the Defendant on the charge of occupational embezzlement of KRW 98,703,834 among the facts charged in the instant case on the ground that there was no proof of the relevant crime, and dismissed the prosecution on the charge of occupational embezzlement of KRW 100 million on the ground that the victim’s complaint was unlawful after the lapse of the period for filing a complaint. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding

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

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