The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. On October 201, the lower court found the Defendant guilty of the charge of attempted fraud of KRW 500 million, among the facts charged in the instant case, and sentenced the Defendant not guilty of the charge of attempted fraud of KRW 100 million. On October 201, the lower court acquitted the Defendant on the charge of attempted fraud of KRW 100 million. Accordingly, the Defendant appealed on the convicted part on the ground of mistake of facts and unreasonable sentencing.

The judgment prior to the remand sentenced the defendant to eight months of imprisonment with prison labor, and the prosecutor's appeal dismissed it.

Of the judgment of the party prior to remand, the defendant appealed with the misapprehension of legal principles as to the guilty portion, and the judgment of the party prior to remand did not err in the misapprehension of legal principles as alleged by the defendant, but the judgment of the party prior to remand reversed the conviction portion of the judgment prior to remand on the ground that the

Therefore, since the portion of the judgment of the court below which was acquitted was finalized by the prosecutor without filing an appeal, the scope of the trial after remand is limited to the reversed portion of the conviction.

2. The grounds for appeal by the defendant are excessively unreasonable. The punishment by the court below shall be imposed for eight months.

3. Before determining the grounds for appeal by the public prosecutor, the public prosecutor ex officio examined the facts charged in the judgment of the court below prior to the remanding of the case, and applied for amendments to a bill of amendment with the content of changing the facts charged as stated in the following facts charged. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below based on the original facts charged cannot be maintained without the need to determine the grounds for appeal.

4. According to the conclusion, the guilty portion of the judgment of the court below is a ground for ex officio reversal, and Article 364 of the Criminal Procedure Act.