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(영문) 대법원 2017.03.30 2016도12193
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by defense counsel after the lapse of the period for appeal).

1. Although examining the grounds for the Defendant’s appeal based on the relevant legal principles and evidence, the lower court erred by misapprehending the legal principles on the intent of unlawful acquisition of the crime of embezzlement, the degree of probative value of evidence, and the principle of infinite disadvantage on April 4, 2008, on the grounds stated in its reasoning, which found the Defendant guilty of occupational embezzlement among the facts charged in the instant case on April 28, 2007.

subsection (b) of this section.

The defendant's appeal disputing this cannot be accepted.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the grounds that there is no proof of crime regarding the fact of occupational embezzlement due to voluntary consumption of nominal lending fees and each embezzlement among the modified facts charged in the instant case, and sentenced the Defendant not guilty.

In light of the record, the lower court erred by violating the rules of evidence, without examining the record.

subsection (b) of this section.

The appeal by the prosecutor disputing this issue shall not be accepted.

The prosecutor also appealed the guilty portion of the judgment of the court below, but there is no evidence of objection in the petition of appeal or the statement of reason for appeal.

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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