A. The court of first instance rendered a judgment of innocence only with respect to fraud among the facts charged in the instant case, and only the prosecutor appealed with respect to the judgment of the court of first instance. As such, the part of the judgment of the court of first instance which the court of first instance convicted the defendant is separated and finalized, and the part of the judgment of the court of first instance which acquitted

B. In light of the records of the judgment of the court of first instance, the first instance court's decision that acquitted the defendant for the reasons stated in its holding is acceptable, and there is no illegality such as misunderstanding of facts affecting the judgment, and thus, the prosecutor's above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.