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(영문) 대법원 2017.03.30 2017도1220
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court, on the grounds as indicated in its reasoning, has made a resolution by the general meeting as to the payment of the attorney’s fees for the criminal cases of the Defendant to the extent that the attorney’s fee

Therefore, the defendant's assertion that there was no intention or intention to acquire unlawful facts is groundless, and the defendant did not accept the defendant's appeal as to mistake of facts and misunderstanding of legal principles.

The allegation in the grounds of appeal disputing the determination of facts based on which the judgment below was based is merely erroneous in the determination of the court of fact-finding, which practically belongs to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on the execution of property by non-corporate associations and the resolution of general meeting of members, or by omitting the judgment or exceeding the bounds of free evaluation of evidence

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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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