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(영문) 대법원 2021.01.28 2020도11858
업무상횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the instant facts charged (excluding the portion not guilty of the grounds).

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 misapprehending the legal doctrine on the illegality, etc. of the part of “member cooperatives” in Article 4(1) of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2 subparag. 42 of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes, contrary to the grounds of appeal, by misapprehending the fact that it exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of embezzlement, bribery, bribe offering, bribe offering,

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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