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(영문) 대법원 2017.12.22 2017도11050
업무상횡령등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of occupational embezzlement and violation of the Private School Act among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err 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 intention of embezzlement on duty, intent to illegally obtain it, intent to commit a crime of violation of the Private School Act, and personnel expenses necessary for school operation, and “other expenses directly necessary for school education” under Article 13(2) of the Enforcement Decree

2. As to the reasons for the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the part concerning occupational breach of trust among the facts charged in the instant case, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of, or intent to obtain, the crime of breach of trust

3. 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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