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(영문) 대법원 2014.08.28 2013도5342
업무상배임등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records, the defendant appealed the judgment of the first instance on the grounds of appeal by asserting unfair sentencing and misapprehension of the legal principles on the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as the grounds of appeal, but withdrawn the above misapprehension of the legal principles

Therefore, the argument that there was an error of misapprehension of the legal principles as to the judgment below dismissed cannot be a legitimate ground for appeal.

2. Furthermore, even if examining the reasoning of the lower court and the first instance judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the establishment of occupational breach of trust, etc., and failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, as a special Act on the Reconstruction, etc. of Traditional Markets, the establishment authorization of the instant association, which is a market reconstruction association, and the special measures for the structural improvement and management stability of small and medium enterprises, which were implemented at the time of obtaining a building permit (which was repealed by Article 3 of the Addenda of the Special Measures for the Structural Improvement of Small and Medium Enterprises and the Vitalization of Traditional Markets, which was enforced on April 1, 2002), and the special measures for the structural improvement of small and medium enterprises and the revitalization of Traditional Markets (which was enacted by Act No. 6639 on January 26, 2002 and enforced on March 1, 2005) and Article 16 (5) of the Special Measures for the Development of Traditional Markets (which was amended by Act No. 6852 on December 30, 202) (the Act on the Special Measures for the Structural Improvement of Urban Areas and Residential Environments Act and the Act on the Ownership and Management of Aggregate Buildings).

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