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(영문) 대법원 2015.04.23 2015도992
배임수재등
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. As to the Defendant’s ground of appeal

A. According to the records in the grounds of appeal Nos. 1 and 2, the defendant appealed against the judgment of the court of first instance, and asserted misconception of facts or misapprehension of legal principles with the grounds of appeal, but on the grounds of appeal as to the receipt of the money in breach of trust during the third trial of the court of first instance, the defendant has withdrawn all the remaining arguments except for a mistake of facts concerning the receipt of money from A and AC, a mistake of facts concerning the intention to receive the money in breach of trust,

In such a case, the court below's decision is not a legitimate ground for appeal, such as incomplete deliberation, omission of judgment, incomplete deliberation, and misapprehension of legal principles on the acquisition of property or property benefits, which are received in the crime of taking property in breach of trust or property benefits and illegal solicitation.

Furthermore, even if examining records, the lower court did not err in its judgment as otherwise alleged in the ground of appeal.

B. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged in the instant case of breach of trust and occupational breach of trust on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the intent of breach of trust and occupational breach of trust and occupational breach of trust, or by misapprehending the legal doctrine on the intent of

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court found the Defendant guilty on the ground that there was no proof of the crime regarding the receipt of property in breach of trust from AC among the facts charged in the instant case.

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