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(영문) 대법원 2016.09.23 2016도9840
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the facts charged of this case on the grounds that there is no proof of crime.

Examining the record, the above determination by the court below is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on unlawful acquisition intent or intent in embezzlement and breach of trust.

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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