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(영문) 대법원 2019.07.11 2019도6204
부동산실권리자명의등기에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the violation (Embezzlement) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Special Economic Crimes Act"), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the violation of occupational breach of trust and the fraud among the facts charged against the Defendant.

Examining the reasoning of the judgment of the lower court in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition in the crime of violating the Specific Economic Crimes Act (Embezzlement), property damage in the crime of occupational breach of trust, and the establishment of fraud,

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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