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(영문) 대법원 2017.12.13 2017도14818
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty on each of the charges of this case (excluding the charges without merit and the part not guilty of the grounds for appeal) on the grounds stated in its reasoning.

There is no error in the misapprehension of legal principles as to wrongful solicitation and intent of unlawful acquisition in the crime of occupational embezzlement, occupational embezzlement, and breach of trust, without failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misunderstanding facts beyond the bounds of free conviction due to violation of logical and empirical rules, or by misapprehending the authority of preparation of documents in the crime of fraud, obstruction of duties, fabrication of private documents, the specific facts charged, the intent of unlawful acquisition in the crime of occupational embezzlement, and the

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have found the Defendant guilty or not guilty on the ground that the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in the instant case constitutes a case where there is no proof of crime among the facts charged.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles on corporate profits or corporate funds embezzlement.

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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