A. The court below acquitted the victim D and E of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the Aggravated Punishment, etc. of Specific Economic Crimes on the ground that there is no evidence of the fact that the amount of profit exceeds 500 million won as prescribed in Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and found the defendant guilty of the crime of fraud against the above victims who have a relation with the above non-guilty

The defendants appealed against the guilty portion, and the prosecutor did not appeal against the conviction portion.

In such a case, according to the principle of non-guilty in appeal, the part of innocence in the reasoning is also transferred to this court along with the guilty part of the judgment of the court below. However, since the part of innocence in the reason is already excluded from the object of attack and defense between the parties, this part cannot be re

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the portion of innocence, the conclusion of the lower judgment is followed and the court does not separately determine the portion of innocence.

B. The lower court partly accepted an application for compensation order filed by the applicant for compensation.

The Defendants appealed against the lower judgment, but did not assert the grounds for appeal regarding the part of the order for compensation in the lower judgment, and even if ex officio examination, the grounds for revoking or amending the part of the order for compensation in the lower judgment cannot be found.

Therefore, the part of the judgment of the court below on compensation order is maintained.

2. Summary of grounds for appeal;

A. Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles 1) Defendant A’s assertion of misunderstanding of facts in the instant case: (a) the absence of intention to commit the instant facts charged by Defendant AH is one of the first class P (hereinafter “P class P”).

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