The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall no longer be asserted as to this part because the final and conclusive power takes place at the same time as the judgment of the court, and the court that has been remanded cannot render a decision contrary thereto. Thus, the defendant cannot make a claim as to this part as the grounds

Such circumstances are also the same in cases where a new argument was added with respect to the part in which the final binding force occurred (see, e.g., Supreme Court Decision 2006Do2017, Jun. 9, 2006). In light of the foregoing legal doctrine, in the instant facts charged, the grounds of appeal disputing the conviction by asserting the misunderstanding of the legal principles as to “a person who intends to engage in capital transactions” as provided by the Foreign Exchange Transactions Act and “a person who intends to engage in foreign exchange transactions” and “a person who commits omission,” among the facts charged in the instant case,

Therefore, the ground of appeal disputing the judgment of conviction of the court below after remanding this part on the ground of a misunderstanding of the legal principles as to co-principal in the area of a simple crime, does not constitute a legitimate ground of appeal as to the part that has already been final and conclusive, and there is no error of law by misapprehending the legal principles as to the binding force of the judgment of remand

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