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(영문) 대법원 2020.04.09 2020도1268
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged against Defendant A.

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 against logical and empirical rules, or by misapprehending the legal doctrine on the intent of aiding and abetting offenders and the application of the Act

2. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of all of the charges against Defendant B of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), occupational breach of trust regarding F’s corporate card use, occupational embezzlement and occupational obstruction of business regarding graveyarding expenses, etc.

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 the property nature of the custodian, status of the custodian, intent of unlawful acquisition, other person’s business manager, breach of trust in the crime of occupational embezzlement, calculation of damages, deceptive scheme in the crime of interference with business, and establishment of joint principal offenders.

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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