The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

The facts charged of this case.

1. The court below sentenced the defendant to imprisonment with prison labor for a year and six months, recognizing that the defendant violated each of the Punishment of Tax Evaders Act, violated each of the Petroleum and Petroleum Substitute Fuel Business Act, and aided each offender to escape.

On the other hand, the defendant and the prosecutor appealed the appeal, and the judgment of the court prior to the remanded the part of the judgment of the court below is reversed, and the part of the judgment below against the defendant is reversed, and with respect to the violation of the Punishment of Tax Evaders Act due to the receipt of false tax invoices, the dismissal of prosecution, the violation of the Act on the Punishment of Tax Evaders, the violation of the Petroleum and Petroleum Substitute Fuel Business Act, and each offender-oriented teacher, the defendant and the prosecutor convicted him of the violation of the Punishment of Tax Evaders Act due to the tax evasion through false entry and submission of the remaining aggregate

Therefore, on the ground of erroneous determination of facts as to the guilty portion, the prosecutor appealed from the acquittal portion on the ground of erroneous determination of facts or misapprehension of legal principles, and the rejection of prosecution as to the violation of the Punishment of Tax Evaders Act due to the receipt of false tax invoices

The Supreme Court rejected the defendant's assertion of misunderstanding of facts against the guilty portion, and reversed the part that should be reversed (the point of each criminal escape teacher who instigated the defendant to escape to B, C, and D) and the part that has a relation of concurrent crimes under the former part of Article 37 of the Criminal Act (the part that found the defendant guilty before sending back to Korea), and the part that has a relation of regular concurrent crimes (the part that led the criminal escape to escape to D, the prosecutor did not state the grounds of appeal as to this part).