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(영문) 대법원 2018.03.27 2018도408
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court determined that there is insufficient evidence to acknowledge the primary facts charged of the instant case, and maintained the first instance judgment that acquitted the primary facts charged, and acquitted the Defendant on the ancillary facts added by the lower court.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition and the status of custodian in embezzlement, thereby adversely affecting the conclusion of the judgment.

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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