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(영문) 대법원 2016.07.29 2016도6647
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds for Defendant A’s appeal in accordance with relevant legal principles and evidence, the lower court’s judgment that found Defendant A guilty of the instant facts charged against Defendant A did not err by misapprehending the facts in violation of logical and empirical rules, or by misapprehending the legal doctrine as to joint principal offenders, principle of trial on evidence, burden of proof, and intention to acquire unlawful acquisition, omission of judgment, and inconsistency in the reasoning, as alleged in the grounds of appeal.

2. Although examining the grounds for appeal by Defendant B in accordance with relevant legal principles and evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition, joint principal offender, and custodian status in embezzlement, contrary to what is alleged in the grounds of appeal.

3. According to the records on the grounds of Defendant C’s final appeal, Defendant C appealed on the grounds of appeal against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal. On December 31, 2015, Defendant C had an intent to obtain unlawful acquisition solely on the sole ground that Defendant C used part of the amount of the industry-academic cooperation group to the accounts of M University’s school expenses.

Although the lower court asserted to the effect that it is difficult to view the foregoing argument as being presented after the lapse of the submission period on the grounds that the summary of the argument was presented as the grounds for appeal.

In such a case, the court below's assertion that the defendant's intent to illegally obtain the specific Economic Crimes (Embezzlement) in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the defendant's fault of misunderstanding the legal principles as to the occurrence of damages or failure of deliberation in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

4. 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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