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(영문) 대법원 2013.06.13 2013도57

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

All appeals are dismissed.

Reasons

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

1. Judgment on the Defendant’s grounds of appeal

A. Where a defendant appealed on the remaining grounds of appeal except subparagraph 11 of the grounds of appeal only on the grounds of unfair sentencing, the appellate court’s judgment shall not be considered as the grounds of appeal, such as misconception of facts or misapprehension of legal principles, etc., and even if the defendant appealed on the grounds of unfair sentencing as well as other grounds of appeal on the judgment of the court of first instance, if the defendant withdraws the grounds of appeal other than unfair sentencing before the decision

(See Supreme Court Decision 2005Do3244 Decided September 9, 2005; Supreme Court Decision 2012Do571 Decided May 24, 2012, etc.). In addition, the part rejected in the final appeal on the ground of final appeal on the ground that the allegation in the grounds of final appeal is groundless shall become final and conclusive at the same time as the rendering of the judgment, and the court that received the remand cannot make a decision contrary thereto. Thus, the defendant cannot make a claim as to this part as the grounds for final appeal, and it cannot be a legitimate ground for final appeal to delay a new argument that did not have been asserted in the previous part that occurred.

(See Supreme Court Decisions 2005Do7582 Decided February 9, 2006, and 2006Do4375 Decided April 24, 2008, etc.). According to the records, the Defendant, who was the Chairperson of AC Group, did not prepare a duty to ensure the recovery of claims in collusion with the management of its affiliated companies, etc., and did not allow CDs, etc., a affiliated company of the group, to provide unfair financial support to AG, a stock company, etc., a non-affiliated affiliated company, to conduct occupational breach of trust.