The appeal is dismissed.

The grounds of appeal are examined.

1. Where a criminal trial on the first ground of appeal of the defendant becomes final and conclusive substantially, it shall not be repeatedly punished for the same offense, and where a public prosecution is instituted against the same case as a case on which the final and conclusive judgment has been made, the acquittal shall be pronounced by judgment;

The identity of the facts charged or facts constituting an offense ought to be based on the Defendant’s act and its social factual basis, in mind of the legal function of the identity of the facts (see, e.g., Supreme Court Decision 93Do2080, Mar. 22, 1994; Supreme Court Decision 2005Do9678, Mar. 23, 2006). According to the records, with respect to the crime of fraud, which is the contents of the facts charged in the instant case, the Defendant was sentenced to imprisonment of 13 years, and such judgment becomes final and conclusive on Nov. 14, 2013, 2013.

However, the act of receiving similar goods prohibited by the above Act does not include deception itself, and the crime of fraud in this case differs from each other’s constituent element, and thus, it cannot be deemed the same in the basic facts, as it differs from the form of each other’s act or the protection of legal interests.

Therefore, the effect of the judgment that became final and conclusive as above does not extend to the facts charged in the instant fraud, and even if the defendant is punished as the facts charged in the instant case, it cannot be said that it contravenes the principle of no objection.

2. On the grounds of appeal Nos. 2 and 3 of the defendant's grounds of appeal, the appellate court's decision is ex post facto review of the decision of the appellate court. Thus, matters not subject to the appellate court's decision are not within the scope of the review of the appeal, and the defendant did not claim