The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Scope of adjudication of this court;

A. 1) The prosecutor brought a prosecution against the defendant for the crime of forging private documents, the crime of uttering of a private document, and the crime of uttering of a private document. On this basis, the court below found the defendant guilty against the crime of fraud and sentenced a fine of KRW 700,000, and found the defendant not guilty on the remaining crime of forging a private document and the crime of uttering of a private document. 2) The defendant appealed against the guilty portion among the judgment below on the ground of mistake of facts (the part concerning the crime of forging a private document and the crime of uttering of a private document). The prosecutor appealed from the judgment of the court below on the ground of unjust sentencing and misapprehension of legal principles as to the acquitted portion (the part concerning the crime of forging

The judgment of the court prior to the remanding of this case rejected the defendant's assertion of misunderstanding of facts against the guilty part of the judgment of the court below and on the ground that the judgment of the latter concurrent crimes in Article 37 of the Criminal Act became final, the court reversed the judgment and sentenced a fine of KRW 700,000, and dismissed the prosecutor's appeal against the acquittal part of the judgment of the court

3) The Defendant appealed against the part of the judgment of conviction (Fraud part) before remanding the case, and the prosecutor appealed against the part of the judgment of acquittal (the part of the judgment of conviction part) of the judgment of the court below on the grounds of violation of the rules of evidence and misapprehension of the legal principle.

The court of final appeal rejected the Defendant’s appeal on the guilty portion of the judgment of the party prior to remand on the ground that the Defendant did not submit the appellate brief. The Prosecutor’s assertion of misunderstanding the legal principles on the acquittal portion of the judgment prior to remand is accepted, and the acquittal portion of the judgment prior to remand is reversed. However, on the ground that the conviction portion of the judgment prior to remand constituted concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the party prior to remand