A. Of the facts charged against the Defendant, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with regard to the following facts: “The Defendant, by deceiving victims and making the victims settle the business expenses, such as entertainment expenses, transportation expenses, and goods purchase expenses, in Vietnam, and thereby making the victims pay the card in the name of each victim instead of the total amount of KRW 48,649,878 as stated in the attached list of crimes 3 of the lower judgment by allowing the victims to pay the card in the name of each victim.”

With respect to this, only the defendant appealed on the ground of mistake of facts and unreasonable sentencing, and the prosecutor did not appeal.

In such a case, the part of acquittal in the reasoning is also subject to the appellate trial along with the part of conviction in accordance with the principle of non-guilty appeal. However, since the part of innocence in the reasoning is already excluded from the object of attack and defense between the parties, it is not possible for the appellate court to re

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the part on acquittal, the reasoning of the lower judgment ought to be followed, and the court did not render a separate judgment.

B. The lower court dismissed the application for compensation order B by the applicant for compensation.

In such cases, no applicant for compensation shall file an objection pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

Therefore, the part concerning the application for compensation among the judgment of the court below is already finalized and excluded within the scope of the judgment of this court.

2. Summary of the grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant recommended the victims to make an investment in theme park project.