The defendant's appeal is dismissed.

1. Scope of the judgment of this court;

A. On May 5, 2016, the prosecutor charged the Defendant with the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by taking into account the following facts: (a) the Defendant was aware that the Defendant acquired each of the money listed in paragraph (1) of the crime from the victim, but it is difficult to recognize the identity of the method of the crime and the identity and continuity of the criminal intent; (b) the Defendant did not sentence the Defendant not guilty on the ground that the amount of the crime does not constitute a case where the amount of profit is more than 50 million won; and (c) on the ground that he acquitted the Defendant of each of the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the prosecutor did not sentence the Defendant on the ground that he was guilty of the fraud included in the facts charged; and (d) on May 20, 2016, the lower court did not find the Defendant not guilty on the grounds that he did not constitute fraud.

B. However, only the defendant appealed the part of the judgment below's conviction but the prosecutor did not appeal the part which was judged not guilty for the above reasons. Although the part other than the conviction is judged by the principle of no appeal due to the principle of no appeal, that part is already remanded to the trial, it is not possible to make a decision even in the trial as a result of the trial, since the part is already separated from the object of the attack and defense between the parties and is in fact withdrawn from the object of the trial (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Ultimately, the scope of a trial by a party member is limited to the part which was found guilty by the court below.