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(영문) 대법원 2015.06.11 2015도1749
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of occupational embezzlement of KRW 300 million related to the Ft Savings Bank among the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the defendant on the ground that the remaining charges except for the part which the court of first instance found guilty among the charges of this case constituted a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no specific ground of appeal as to this portion in the petition of appeal or appellate brief.

3. 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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