특정경제범죄가중처벌등에관한법률위반(배임)
The appeal is dismissed.
The grounds of appeal are examined.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
In addition, the argument that the court below erred in the misapprehension of the legal principles as to "amount of profit" or "amount of crime" in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) is a new argument that is only made in the final appeal, and thus, it cannot be a legitimate
Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.