The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

1. Progress of lawsuit and the scope of trial of this court;

A. The lower court found the Defendants guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), preparing false official documents, and holding false official documents among the facts charged in the instant case as to the Defendants, and found them not guilty, and convicted the Defendants A of three years of imprisonment, and two years and six months of imprisonment, respectively.

The Defendants appealed from the judgment of the court below on the grounds of misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing.

B. The judgment of the court below prior to remanding the defendants appealed against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is only the convicted portion of the judgment below, and the preparation of false public documents and the exercise of false public documents, which are the remaining innocent portion not appealed by the defendants and the prosecutor, are confirmed. Among the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the part other than the criminal facts in the judgment of the court below which the court below found guilty was acquitted on the grounds of the judgment below, and the prosecutor did not appeal against

As to this part, the conclusion of the judgment of not guilty is followed, and the judgment of the court below is made only for the guilty portion among the judgment of the court below, and the judgment dismissing all the appeals by rejecting the defendants' mistake of facts, misunderstanding of legal principles and unfair claims for sentencing.

On the other hand, the Defendants appealed on the ground of mistake of facts and misunderstanding of legal principles.

(c)

The Supreme Court erred by misapprehending the facts in the judgment of the court before remanding.

Although it cannot be seen that there was an error of misapprehending the legal principles on the advance payment between the Defendants’ deception and the victim’s monetary payment, which affected the conclusion of the judgment, among the violations of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

Then, the judgment of the court of first instance prior to the remand is guilty.