The judgment below

Part of conviction and acquittal shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. The lower court’s punishment (4 years of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. Prosecutor 1) In the lower court’s judgment, the Defendant was partially acquitted on the grounds that there was insufficient evidence of guilt due to the lack of evidence, on the grounds that the Defendant did not consent to the documentary evidence submitted by the Prosecutor, and the examination of G et al. was not conducted.

If the procedure for examination of G, etc. is conducted in the trial of the party, the defendant can be fully convicted, and the judgment of the court below is erroneous in the misapprehension of facts and the judgment of the court below.

2) The lower court’s sentence (4 years of imprisonment with prison labor) against an unfair defendant is too unhued and unreasonable.

2. We examine the Prosecutor’s assertion of mistake of facts, and the Defendant made a confession of the entire facts charged at the trial, and agreed on all the evidence submitted by the Prosecutor.

Accordingly, according to the evidence duly adopted and examined by the court below, the facts charged regarding the verdict of innocence are also found guilty.

Therefore, the prosecutor's above assertion is justified.

3. If so, the prosecutor's appeal as to the acquittal portion is reasonable, and this part of the facts charged and the crimes as indicated in the judgment below should be dealt with as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to one punishment. Therefore, the part of the judgment of the court below which excludes the application for compensation order from the part of the judgment below and the

Therefore, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor, the guilty part and the acquittal part of the judgment of the court below under Article 364 (6) of the Criminal Procedure Act shall be reversed, and the following judgment shall be rendered again through pleading.

Criminal facts

[2016 High Order 401] The Defendant is K Co., Ltd. established for the purpose of real estate sale business, and vice-si L Building in Seocheon-gu, Seocheon-gu, Seocheon-gu, and the representative director of the agricultural company M Co., Ltd. in 201 and 301.