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1. The part of the judgment of the court below against the defendant A is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
(b).
Reasons
1. According to the summary of the grounds for appeal (definite or misunderstanding of legal principles) and Article 3 of the Mining Foundation Mortgage Act, the effect of the mortgage established by the owner of a factory on the land belonging to the factory shall extend to the land attached thereto and to the machinery, apparatus, and other factory facilities installed on the land. In accordance with Article 6 of the above Act, the defendant established the right to collateral security under Articles 3 and 6 of the above Act as to the land belonging to the factory and buildings and the charges of this case, and as to the pressure, string, etc., the above pressure-types et al. are likely to be interpreted as the "movables constituting the factory foundation." However, the court below acquitted the defendants of all the charges of this case on the different premise, or erred by misapprehending the legal principles as to the factory foundation, thereby affecting the conclusion of the judgment
2. Determination
A. Before the prosecutor's judgment on the grounds for appeal on the part of the defendant A (additional charges of preliminary charges) was made ex officio prior to the prosecutor's judgment on the above grounds for appeal, the prosecutor applied for the amendment of the indictment with respect to the defendant A to add the facts of breach of trust as stated in the following "crimes" to the ancillary charges, and this court permitted the amendment, and thus, the part of the judgment of the court below against the defendant A cannot be maintained in this regard.
However, the prosecutor's appeal is still subject to the judgment of this court, despite the existence of the above reasons for reversal in the part of the judgment below against Defendant A, and this is examined in the following paragraphs.
B. As to the grounds for appeal, the "factory foundation" stipulated in the Factory and Mining Foundation Mortgage Act shall be registered by the factory owner in the factory foundation register for one or more factories pursuant to Articles 10 and 11 of the above Act.