The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for 8 years and fine for 7.1 billion won.

Defendant

A The above fine shall be imposed.

1. Progress of lawsuit and scope of adjudication of this court;

A. The prosecutor of the progress of the lawsuit filed each prosecution against the Defendant A as the crime of the acquisition of stolen goods by occupational negligence in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the forgery of private documents, and the exercise of the above investigation documents (Fraud), the Defendant B and the Defendant C as the crime of the acquisition of stolen goods by occupational negligence in the Suwon District Court.

The court below found Defendant A guilty of all the above facts charged, and sentenced Defendant B and Defendant C to imprisonment for a period of eight years and fine of KRW 7.1 billion, KRW 10 million per day, and KRW 10 million and KRW 10 million per day, and sentenced Defendant B and Defendant C to a suspended sentence of three years in June of each year and six months, respectively. Accordingly, Defendant A and Defendant C appealed appealed on the grounds of mistake of facts or misapprehension of legal principles, and unfair sentencing, on the grounds of unjust sentencing and misapprehension of legal principles.

The court prior to the remand of the case reversed the part concerning Defendant A on the ground that the prosecutor applied for permission to amend the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the trial prior to the remanding of the case concerning the issuance of false tax invoices among the facts charged against Defendant A on the ground that the prosecutor applied for permission to amend the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and found Defendant A guilty without any amendment to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), which is recognized as identical to the facts charged, and sentenced Defendant A to the same punishment as the original judgment, and sentenced Defendant B and Defendant C to the increase of the amount to be returned to

The Supreme Court of Korea has violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant A in the judgment prior to remand.