The judgment below

Of them, the part of innocence and embezzlement are reversed.

Defendant shall be punished by imprisonment for eight months.

1. Progress of litigation;

A. The lower court found the Defendant guilty only on the embezzlement of the victim C among the facts charged in the instant case, which are concurrent crimes under the former part of Article 37 of the Criminal Act, and acquitted the Defendant on the charge of embezzlement and fraud of the victim D.

B. Only the prosecutor appealed against the lower judgment, and the scope of the appeal was stated in the petition of appeal as “total”, and the grounds for appeal asserted unreasonable sentencing along with mistake of facts and misapprehension of legal principles as to the acquitted portion.

However, the court prior to the remanded the grounds for appeal as the "misunderstanding of facts and misapprehension of legal principles as to the acquittal portion of the judgment of the court below" after consultation with the public trial prosecutor.

C. The judgment of the court prior to the remanding of the case allowed the modification of the indictment to change the embezzlement of the victim D as property concealment, and on the premise that the scope of the judgment of the court below is limited to the acquittal portion among the judgment below, the judgment of the court below reversed ex officio the acquittal portion on the embezzlement portion of the judgment of the court below on the grounds of the modification of the indictment, and sentenced the two months of imprisonment and one year of suspended execution, and the prosecutor's appeal on the fraud was dismissed.

The prosecutor appealed on the judgment of the court prior to the remand on the ground of the misapprehension of legal principles as to the scope of trial.

The Supreme Court reversed the judgment of the court of appeal prior to remand and remanded the case to this court on the ground that the court of first instance reversed only the embezzlement part of the judgment of the court of first instance, including the embezzlement of the victim C who was found guilty in the judgment of the court of first instance, and sentenced a separate sentence, thereby misunderstanding the legal principles on the subject of the judgment of the court of first instance and the withdrawal of appeal.

2. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of the legal principle regarding the fraud of victim D.