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(영문) 대법원 2013.08.23 2013도2413
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged, and there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal principles on embezzlement, contrary to what is alleged in the grounds of appeal.

In addition, even after examining the grounds for the Defendant’s assertion in the statement of grounds for appeal in light of the record, it is evident that the testimony of the witness G who was punished as perjury constitutes “Evidence” in the judgment of the court of first instance or in the judgment of the court below, and that there is no final and conclusive judgment as to the forgery of the letter, etc. in the name of the Defendant. Therefore, this case cannot be deemed to constitute “when there

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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