The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant C.

1. Progress of litigation;

A. With respect to the receipt of property in breach of trust, fraud, and attack against Defendant A, the prosecutor prosecuted Defendant C and D against each of the frauds. As to this, the lower court found Defendant A guilty of taking property in breach of trust, taking property in good faith, and taking property in good faith, and taking property in good faith against the victim I, and sentenced Defendant A of KRW 1 year and six months and additional collection KRW 80 million, and acquitted Defendant A on the remainder of fraud by deeming that there is no proof of a crime.

In addition, the lower court acquitted Defendant C and D on the ground that the entire criminal facts constituted a case where there is no proof of crime.

B. Defendant A appealed on the guilty portion of the judgment of the court below on the ground of unfair sentencing, and the prosecutor appealeded on the acquittal portion of the judgment of the court below on the ground of mistake of facts or misapprehension

Before remanding, the lower court rejected all the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, accepted Defendant A’s assertion of unfair sentencing, and reversed the lower judgment, and sentenced the above Defendant to imprisonment for one year and additional collection KRW 80 million.

C. As to this, on the ground of an unreasonable sentencing on the guilty part of the judgment prior to the remanding by Defendant A, the prosecutor appealed each of the above judgment on the grounds of mistake of facts or misapprehension of legal principles.

The Supreme Court rejected the appeal by the above defendant, accepted a mistake of facts or misapprehension of legal principles by the prosecutor, and reversed the acquittal portion in the judgment prior to remand, but reversed the entire judgment prior to remanding due to the reason that the remaining conviction portion and the concurrent offense provided for in the former part of Article 37 of the Criminal Act are concurrent crimes,

2. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant A on the ground of unfair sentencing (the imprisonment of one year and six months, additional collection of 80 million won) is too unreasonable.

B. The judgment of the court below is erroneous or misunderstanding the legal principles.