The judgment below

The part concerning Defendant A (including the part not guilty in the grounds) shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of one and half years.

1. The court below found Defendant A not guilty of fraud among the facts charged in violation of the Act on Special Measures for the Control of Public Health Crimes ( illegal food manufacturing, etc.) in the attached Table Nos. 111 and 115 of the Act on Special Measures for the Control of Public Health Crimes, victim V (former U), and W. However, the court below did not render a separate verdict of innocence on this part on the ground that the Defendant was guilty of fraud on the grounds that the Defendant committed a crime in violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful food manufacturing, etc.) or committed a single offense or

However, in relation to this, only the defendant A only appealed, and the prosecutor did not appeal against the acquittal part of the above reasons. In such a case, the acquittal part of the reasons is also judged in the trial together with the conviction part, but it has already been separated from the object of attack and defense between the parties. Thus, this part cannot be re-determined by the court, since it has been excluded from the object of attack and defense between the parties.

(see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). Therefore, the lower court’s conclusion should be followed with respect to the acquittal portion on the above ground.

2. Summary of grounds for appeal;

A. Defendant A’s assertion (1) misunderstanding of facts : (a) the Defendant did not know that the criteria and specifications for the instant illegal foods are included in a chemical synthetic compound, in which the criteria and specifications were not publicly notified, on the Amazin, Liber (hereinafter “the instant illegal foods”); (b) the Defendant heard that the instant illegal foods were in Korea from G or Sindog, the husband of the G or Sindog, and sought the words “A”, and only he was aware of the fact that the instant illegal foods were sold, stolen, or attempted fraud. However, the lower court found the Defendant guilty by misunderstanding of the facts.

(2) The sentence imposed by the lower court (two years of imprisonment, and fine of five hundred million won) is too unreasonable.

B. The defendant alleged by the prosecutor on the defendant B.