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(영문) 대법원 2018.06.15 2018도5478
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Even if examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the credibility of the crime of deception, unlawful acquisition, and damage to credit, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the person who has pecuniary advantage as to the fraud among the facts charged in the instant case is not the defendant A, is not the ground for appeal by the defendant A, or the court below did not consider it as the subject of an ex officio decision, and it is not a legitimate ground for appeal.

2. While examining the reasoning of the lower judgment on Defendant B’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of free conviction due to violating the logical and empirical rules, or by misapprehending the legal doctrine on the custodian of the occupational embezzlement and the intention of unlawful acquisition, contrary to what is 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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