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The prosecutor's appeal is dismissed.
Reasons
1. Progress of lawsuit and the scope of trial of this court;
A. On February 2, 2018, the lower court rendered a judgment of not guilty of the charges, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to A (hereinafter “A”), which was a co-defendant of the lower court, sentenced to the suspended sentence of two years, and sentenced the Defendant not guilty of the charges, including violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes
B. As to the judgment of the court below prior to remand 1, the prosecutor appealed against the defendant on the grounds of unfair sentencing, on the grounds of mistake of facts and misapprehension of legal principles, and Gap appealed on the grounds of mistake of facts and misapprehension of legal principles, and unfair sentencing. 2) The judgment prior to remand 2) the judgment prior to the remand 1) accepted the prosecutor’s appeal against A and the defendant, and reversed both the judgment below and the decision of the court below, and sentenced A and the defendant to imprisonment for 2 years and 6 months
C. Supreme Court Decision 1) On February 14, 2019, the Defendant and A appealed against the judgment of the first instance judgment prior to remand. 2) The Supreme Court dismissed the Defendant’s appeal on February 14, 2019 as without merit. The Defendant’s appeal is erroneous in the misapprehension of legal principles as to “Instrusive recognition of joint principal offender in a public-private partnership,” and dolusent intention in fraud and occupational breach of trust, etc., which affected the conclusion of the judgment. The Defendant’s ground of appeal assigning this error is with merit.” The part of the judgment of the first instance judgment prior to remand is reversed and remanded to this court.
Since the part against A in the judgment of the court prior to the remanding of the scope of the trial by this court is dismissed and confirmed separately, the subject of the trial by this court is limited to the part against the defendant among the judgment below.
2. The prosecutor's summary of the grounds for appeal (the factual errors and misapprehension of the legal principle).