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(영문) 대법원 2015.12.23 2015도13203
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The grounds of final appeal on Defendant A’s grounds of final appeal are ex post facto review of the judgment of the appellate court, and thus, matters not subject to a review in the appellate court are not attributable to the scope of the judgment of the court of final appeal, and thus, the grounds other than those not alleged in the appellate court as the grounds of appeal or subject to a review

(see, e.g., Supreme Court Decisions 99Do2831, Mar. 28, 2000; 2010Do7947, Jan. 27, 201). The allegation in the grounds of appeal purporting that the Defendant erred by misapprehending the legal principles regarding the fact of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against the Defendant, misunderstanding of facts in calculating the amount of loss, and misunderstanding of the legal principles regarding the fact of violation of the Financial Investment Services and Capital Markets Act due to the use of undisclosed information, is obvious that it is not subject to adjudication at the appellate court, and it is not a legitimate ground of appeal

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant S’s grounds of appeal, the lower court is justifiable to have determined that all the modified charges of this case against Defendant S were guilty 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 exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Financial Investment Services

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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