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(영문) 춘천지방법원 2015.06.17 2014노465
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) did not constitute embezzlement of the money owned by the clan Association of this case while the Defendant served as the chairperson of the clan C (hereinafter “the clan”) as stated in the judgment of the court below.

2. The Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty of the facts charged in the instant case by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part “as to the Defendant and the defense counsel’s assertion”

Examining the above fact-finding and judgment of the court below after comparing them with the records, the court below's judgment that found the defendant guilty of the facts charged in this case is just and sufficiently acceptable, and there is no error of law of misunderstanding of facts affecting the judgment, and the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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