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(영문) 대법원 2015.12.24 2015도9214
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The appeal is dismissed.

Reasons

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

According to the records, the defendant appealed against the judgment of the court of first instance, and argued the misapprehension of the legal principle on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as the grounds for appeal, and argued unfair sentencing. On the second trial of the court below, he withdrawn all the remaining arguments except the misapprehension of the legal principle on property benefits

In such a case, the argument that the court below erred in the misapprehension of legal principles as to the violation of the rules of evidence, breach of duty in occupational breach of trust, intentional or unlawful acquisition intent, and the application of Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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