The judgment below

Of them, the part of acquittal against the defendant shall be reversed.

The punishment of the accused shall be prescribed by six months.

1. According to the records of the trial at the court below, the prosecutor prosecuted the defendant as to the defendant's fraud of 10 million won against the victim I, around December 22, 2005, about 20 million won, about 20 million won around December 23, 2005, about the defendant's total of 5 million won around February 15, 2006, about 35 million won around February 28, 2006, about 40 million won, each fraud against K Co., Ltd., about 27 victims such as victim'sO, etc., about 27 victims' occupational embezzlement, and about 30 million won, and found the defendant not guilty as to the above 4 million won, and found the defendant not guilty of the above 4 million won as to the defendant's total of 4 million won, and the court below acquitted the defendant as to the above 4 million won.

Therefore, the above conviction portion which the defendant and the prosecutor did not appeal is separately determined by the expiration of the appeal period, and the scope of the trial at the trial at the court below is limited to the acquittal portion of the judgment below (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). This part is the subject of the trial at the court below.

2. The summary of the grounds for appeal is to fully recognize the criminal intent of defraudation of the defendant inasmuch as the defendant promises to make profits under the pretext of raising costs for purchasing land without a specific business plan and received money from the victim, and uses it for other purposes, such as repaying his/her obligation with respect to his/her pro-friendly relationship, etc., but the court below erred by misapprehending the facts or by misapprehending the legal principles.