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(영문) 대법원 2015.09.10 2015도8837
특정경제범죄가중처벌등에관한법률위반(사기)등
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).

The argument that the crime of breach of trust is not established because the intention of breach of trust or the intention of unlawful acquisition is not denied in accordance with the so-called business judgment rule, or because it does not fall under the case of causing property damage, is not a legitimate ground of appeal as it is alleged in the ground of appeal that the defendants did not consider it as the ground of appeal or

Furthermore, even if examining ex officio records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendants.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the sentencing of punishment is unreasonable

Therefore, 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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