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(영문) 대법원 2017.07.18 2017도6745
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant C’s appeal, Defendant C appealed appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

2. Examining the reasoning of Defendant D’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant D was guilty of this case’s charges on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the forgery of evidence, forgery of evidence, and emergency arrest, etc., contrary to what is alleged in the grounds of appeal.

3. According to the records on the grounds of Defendant F’s appeal, Defendant F appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred in the violation of the principle of trial on evidence or the principle of trial on evidence is not a legitimate ground for appeal.

4. As to the reasons for the prosecutor’s appeal, the crime of taking property in breach of trust under Article 357(1) of the Criminal Act is established when a person who administers another person’s business obtains property or property benefits in exchange for an unlawful solicitation in connection with his/her duties. In principle, the person who administers another person’s business may be the subject of the crime. A person who does not have such status may be the subject of the crime only when he/she processes the crime. “a person who administers another person’s business” as the subject of the crime of taking property in breach of trust refers to a person who is acknowledged to exist to handle the business in light of the principle of trust in relation to another person.

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