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(영문) 대법원 2019.06.13 2018도8700
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Of the facts charged in the instant case, the lower court convicted each of the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the occupational breach of trust (excluding the part not guilty in the grounds) related to the sale of the white house

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 embezzlement, intentional and unlawful obtaining intent, occupational breach of trust, intentional act in breach of the business judgment rule, risk of property damage, intentional act in fraud, deception, disposal act, and property interest.

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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