The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Of the judgment of the court below that acquitted the non-guilty portion of the judgment of the court below [the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the part on distribution)], there is an error of misunderstanding the facts and misunderstanding the legal principles, and appeal is filed to amend the bill of indictment

B. As to the guilty portion of the judgment of the court below which was unfair in sentencing (the part concerning the forgery and uttering of private documents), the sentence imposed by the court below on the defendant (2 million won) is too uneased and unfair.

2. Determination

A. According to the records on the assertion of misunderstanding the facts and misapprehension of legal principles as to the acquittal portion of the judgment below, the prosecutor submitted the petition of appeal to the Seoul Western District Court on November 20, 2017, stating that detailed reasons for appeal are expected to be submitted later, on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing appeal, and stated that the defendant's act constitutes a crime of interference with business through fraudulent means, and thus, the appellate court would modify the indictment at the appellate court. On December 22, 2017, the prosecutor submitted the written reasons for appeal on December 22, 2017, and submitted the written reasons for appeal, stating that the prosecutor would be expected to modify the indictment. The prosecutor applied for changes of indictment to the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which was pronounced not guilty, by fraudulent means, and that the part of the forgery

According to the above facts of recognition, the prosecutor's petition of appeal and the reasons for appeal concerning the portion not guilty in the judgment below are merely stated with the phrase "misunderstanding of facts and legal principles", and there are no specific grounds for appeal, and only requests for changes in indictment at the appellate court, it cannot be deemed as constituting legitimate reasons for appeal (see, e.g., Supreme Court Decisions 2003Do2219, Dec. 12, 2003; 2005Mo564, Mar. 30, 2006).