The conviction portion (excluding the rejection part of an application for compensation) and the second judgment of the court of first instance shall be reversed.

Defendant .

1. On January 13, 2009, the first judgment of the court below which is the scope of the trial after remanding the case, found the defendant guilty as to the facts charged that the defendant acquired a total of KRW 98 million from the victim I, and sentenced the defendant not guilty as to the fraud of KRW 250 million from the above victim, and appealed against both the defendant and the prosecutor. The second judgment of the court below was pronounced guilty and appealed by the defendant.

The judgment prior to remand was rendered by the court of first instance on the conviction of the guilty portion and the second judgment, on the grounds of consolidation, and sentenced ex officio and ex officio, and the judgment was rendered to the effect that the prosecutor’s appeal regarding the acquittal portion among the first judgment was dismissed.

The Defendant appealed only to the conviction part of the judgment of the court prior to remand, and the judgment of remand reversed the conviction part of the judgment prior to remand and remanded this part of the case to the Panel Division of the Seoul Southern District Court.

According to the above progress of the case, since the non-guilty part of the judgment of the first instance is already separated and finalized, the scope of the trial after remand is limited to the fraud that the defendant acquired 98 million won from the victim I and the second judgment.

2. Summary of grounds for appeal;

A. In light of the fact that the defendant induceds overseas funds to return the borrowed funds to the victim I of the first instance judgment, but failed to repay the borrowed funds due to the aggravation of economic circumstances, the fact that the defendant actually acquired no profit due to the fraudulent act of the second instance judgment, the defendant's passive participation in the crime, the defendant's behavior is divided into his fault, and the defendant's economic condition is not good, etc., the punishment (the first instance judgment: one year of imprisonment with prison labor and ten months of imprisonment with prison labor) sentenced by the court below is too unreasonable.

B. The prosecutor (the first judgment of the court below) is identical to the defendant.