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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for five years and for three years and six months, respectively.
Defendant .
Reasons
1. The prosecutor held ex officio that the Defendants not guilty at the court below for the first time and the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) against the Defendants were followed.
2)(a)An application for changes in indictment with the description of the facts constituting an offense is filed, and this Court has permitted changes in the subject matter of the judgment, and the judgment of the court below is no longer maintained first in this respect.
However, despite the above reasons for ex officio reversal, the court below's assertion of misunderstanding of facts and misapprehension of legal principles as to the guilty portion among the charges of violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment against the Defendants and the charges of violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment against Defendant B, is still subject to the judgment of this court, and such determination
(2) The Prosecutor’s ground for appeal on February 2, 2008, which is the ground for appeal, is that the Defendants’ ground for appeal is subject to the judgment of this court, regardless of the amendment to the indictment, since the Defendants’ ground for appeal on this part was partially modified in the trial, and the revised facts charged partially modified with illegal solicitation among the facts charged prior to the amendment were included in the part concerning the changed facts charged.
A. 1) As to the grounds for appeal by the Defendants, whether money and valuables have been received with an illegal solicitation (as to the part on the charge of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment against the Defendants and the Defendants B as stated in the judgment of the court below), and in the crime of giving and receiving evidence in breach of trust as stipulated in Article 357(1) and (2) of the Criminal Act, "illegal solicitation" means that solicitation goes against social norms and the principle of good faith.