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(영문) 대법원 2017.11.29 2017도13080
업무상횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with respect to KRW 1,010,000 among the instant conjunctive facts charged, and determined that the Defendant was acquitted on the ground that

In light of the relevant legal principles and records, although some inappropriate points in the reasoning of the lower judgment, the conclusion of the lower court that found the above facts charged as not guilty is acceptable. In so doing, it did not err by misapprehending the legal principles on the purpose or character of the site subsidy as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the part of the judgment of the court below and the remaining not guilty are not indicated in the petition of appeal or the reasons for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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