1. The remainder of the judgment of the court below with the exception of the non-guilty part of the judgment against Defendant A (the grounds for Defendant B).

1. Scope of the judgment of this court;

A. On July 28, 2017, the prosecutor brought a public prosecution against Defendant A on charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and against Defendant B on charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Seoul Central District Court 2017 Gohap 770). This is composed of the charges that Defendant A acquired KRW 200 million on March 12, 2008 and KRW 800 million on March 20, 2008, and Defendant B assisted Defendant B’s fraud around the beginning of March 2008 and around March 18, 2008.

B. On the other hand, on July 13, 2017, prior to the institution of the public prosecution described in paragraph (a) the prosecutor filed a separate public prosecution against Defendant A on suspicion (Seoul Central District Court Decision 2017 High Court Decision 4740,Ga). On September 14, 2017, the court of the lawsuit of the Defendant case described in paragraph (a) rendered a decision that the aforementioned case will be tried jointly on September 14, 2017.

Accordingly, the Seoul Central District Court 2017 Gohap 938 issued a new case number with respect to theless case.

(c)

On April 2, 2018, the lower court sentenced Defendant A to three years of imprisonment (the instant case as indicated in paragraph (a)) and a fine of three million won (b) for Defendant B, and sentenced Defendant B to one year and six months of imprisonment, recognizing Defendant B as guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in paragraph (2), and sentenced Defendant B to one year and six months of imprisonment, and sentenced Defendant A to the lower judgment that acquitted Defendant A of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in paragraph (1).

However, as long as the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in paragraph (2), the lower court did not render a separate verdict of innocence as to ① a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in paragraph (1).

(d)

The prosecutor did not appeal against the above judgment of the court below, and only the defendants did it.