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(영문) 대법원 2019.05.30 2018도17479
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged (excluding the dismissal of prosecution and the part not guilty of the grounds) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 establishment of the crime of occupational

2. As to Defendant B’s grounds of appeal, Defendant B asserts that the lower court erred by misapprehending the legal doctrine on the intent to commit a crime of violation of the Private School Act and the establishment of occupational embezzlement.

However, this cannot be a legitimate ground for appeal, as it is asserted by Defendant B as the ground for appeal, or by the court below as the subject of an ex officio decision, for the first time in the final appeal.

3. As to the Defendant C’s grounds of appeal, the lower court found Defendant C guilty of the ancillary charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 establishment of litigation fraud and aiding

4. 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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