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(영문) 대법원 2015.06.24 2015도4174
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is justified in holding that the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in this case (excluding the part not guilty in the reason), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice Nos. 6 through 8, 13, and 13, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud, etc.) for victim AP, violation of the Act on the AP of Specific Economic Crimes (Fraud), violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for victim D is all guilty.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the relevant legal doctrine, or omitting judgment.

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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