The reason for this part of the appeal by the prosecutor is that the advance payment received by the defendant from the damaged person should be regarded as the amount of gain, but the defendant acquired the profits such as the statement of the facts charged.

On the ground that the facts charged in this case cannot be seen, there is an error of law by misapprehending the legal principles on calculation of profits in fraud in the judgment below which acquitted the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

However, according to the records, the prosecutor prosecuteds the Defendant on the ground that he acquired pecuniary benefits equivalent to the difference between the amount received as advance payment and the value of the agricultural materials, such as vinyl supplied to the victim, and the fact-finding court did not apply for the alteration of this part of the facts charged, and the prosecutor did not assert the Defendant’s advance payment as the amount of gains from the instant fraud crime, and the lower court did not ex officio consider it as the subject of judgment.

Thus, the prosecutor's ground of appeal as above was first asserted in the final appeal, and thus, it cannot be a legitimate ground of appeal.

2. The appeal against the guilty portion of the judgment below is examined.

The prosecutor stated in the column of the final appeal as “wholly”, but the guilty portion of the lower judgment did not submit the written reason for final appeal within the statutory period, and the written appeal does not contain any specific grounds for final appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.