beta
(영문) 대법원 2015.10.29 2015도11821

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust), forging private documents in the Ulsan District Court 2013Ra120, and exercising private documents. In so doing, the court below 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 principles on the calculation of the amount of profit in the crime of breach of trust.

In addition, the argument that there was an error of mistake or misapprehension of legal principles as to the forgery of private documents and the uttering of private documents in the Ulsan District Court 2014Gohap148 among the charges of this case against the defendant is not a legitimate ground for appeal, and it is not a ground for appeal that the defendant did not consider it as a ground for appeal or that the court below did not consider it as an

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