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(영문) 대법원 2018.01.25 2017도14581
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court reversed and acquitted the first instance judgment that found the Defendant guilty of occupational embezzlement with respect to the payment of loan fees among the instant facts charged, and upheld the first instance judgment that acquitted the Defendant of occupational embezzlement with respect to deposit money among the instant facts charged.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

The Prosecutor appealed the entire judgment of the court below, but the guilty part is not indicated in the petition of appeal or in the reasoning of appeal.

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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