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(영문) 대법원 2014.08.20 2012도11315
업무상횡령
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

As a matter of principle, the attorney fee that can be paid at the expense of the organization is limited to the case where the organization itself becomes a party to the lawsuit, so the attorney fee of the organization's representative cannot be paid at the expense of the organization.

However, a substantial interest in the dispute is for an organization, but for legal reasons, an individual who is in the status of the representative becomes a party to a lawsuit or other legal procedure.

As a result of a dispute arising in connection with acts performed lawfully for an organization or the status of its representative, the pertinent legal dispute is deep related to the organization's business and there is a special need to file a lawsuit or respond to a complaint for the interests of the organization in light of the various circumstances at the time, the attorney-at-law fee may be paid at the expense of the organization exceptionally.

(2) In light of the aforementioned legal principles and the evidence duly admitted and investigated by the court of first instance and the court of first instance, it is justifiable for the court below to find the Defendants guilty of all the charges charged against the Defendants on the grounds as stated in its reasoning.

There is no error of exceeding the bounds of reasonable free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the establishment of a crime of occupational embezzlement or the criminal intent.

Therefore, 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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