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(영문) 대법원 2013.04.11 2013도1678
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just to have determined that the guilty portion of this case violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged, and all of the offenses of embezzlement and occupational embezzlement are recognized. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the crime of occupational breach of trust or occupational embezzlement.

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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