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(영문) 대법원 2016.07.14 2014도13701
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. While examining the grounds for Defendant A’s appeal in accordance with the relevant legal principles and evidence, the lower court found Defendant A guilty of having committed an act of embezzlement of G among each of the facts charged in the instant case against Defendant A, and of attempted fraud regarding the act of filing a lawsuit against G in respect of embezzlement, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine regarding the interpretation of the disposition document, intent to obtain unlawful disposal in the crime of embezzlement, false recognition in the crime of false accusation, and fraud in the lawsuit, or by misapprehending the rules of evidence.

2. On the grounds of the prosecutor’s appeal, the lower court, on the remainder of the facts charged against Defendant A and the facts charged against Defendant B, proved the facts charged only by the evidence submitted by the prosecutor.

On the ground that it is difficult to see this part of the charges, the judgment of the first instance, which convicted each of the charges, was reversed, and acquitted.

Even if examining the relevant legal principles and records, the lower court did not err by misapprehending the rules of evidence, as alleged in the grounds of 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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