Supreme Court Decision 2014Do2952

[Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)]

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)]

(b) Occupational embezzlement, occupational breach of trust;

1.(a) C

2.(a)D

3.2.2. E

4.(b)F

Prosecutor

Attorney BT, BU, K, BV, L (Defendant C, D)

Attorney M, BZ, and N (for the defendant E, F)

Seoul High Court Decision 2013No2587 Decided February 7, 2014

October 27, 2014

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, it is just for the court below to find the Defendants not guilty on the grounds that there is no proof of the facts charged as to each of the primary facts charged against the Defendants and the ancillary facts added at the appellate court. There is no error in the misapprehension of the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or in the misapprehension of the legal principles as to property damage and intent in the crime of occupational embezzlement.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Jo Hee-de