The judgment below

Part of acquittal shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

The lower court convicted the victim B of the facts charged in the instant case as to the fraud (2016 Highest 9438) against the victim H, and convicted the victim H of the fraud (2017 Highest 3594).

Only the prosecutor appealeds the entire judgment of the court below, but the conviction did not constitute the grounds for appeal, but only the acquittal portion was the grounds for appeal.

On March 17, 2015 and March 18, 2015, the judgment of the court prior to remanding the part of the judgment of the court below which acquitted the Defendant of a total of KRW 33 million with respect to car sirens on March 18, 2015, and on April 24, 2015, the part which acquired by deception of the vehicle sirens-related 11 million on the part of the judgment of the court below was reversed and sentenced to a fine separately from the judgment of the court below.

(A) The 333 million won acquired through deception was not guilty of the reason. The only defendant appealed against this.

The Supreme Court reversed the judgment of the court before remanding the entire judgment of the court below and remanded it ex officio on the ground that “the court prior to the remanding of the case did not err in the part which found the Defendant guilty of the Defendant’s fraud against the victim B.” However, since the Prosecutor appealed to the entire judgment of the court below, the entire judgment of the court below was reversed, and the court prior to the remand found the Defendant guilty of a part of the acquittal portion of the judgment of the court below.”

After remanding on December 18, 2019, a prosecutor withdraws an appeal against the conviction from the judgment of the court below, and the conviction from the judgment below became final and conclusive.

The scope of the judgment of this court shall be limited to the fraud of the victim B, the non-guilty part of the judgment of the court.

On the other hand, the part rejected by the court of final appeal on the grounds that it was not reasonable and conclusive at the same time as the judgment was rendered.