The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment of three years and six months, and imprisonment of one year and six months, respectively.

The court below's scope of judgment in this court is ① The Act on the Aggravated Punishment, etc. of Specific Economic Crimes to Defendant A.

Of the points of the violation (Fraud), it corresponds to the list of crimes in the holding of the court below No. 2 No. 1 to 32 as stated in the bill of indictment.

Part and the part "not guilty" as stated in the judgment of the court below No. 3 No. 14 or 20 of the list of crimes in the indictment.

1. Summary of the facts charged

applicable to the list of crimes described in paragraph (1).

Part, ② Defendant B, among the facts charged against Defendant B, acquitted each of the parts Nos. 14 through 18, and 20 in the indictment list of crimes indicated in the indictment. However, on the grounds that Defendant A was guilty of the violation of the Act on the Specific Economic Crimes (Fraud) and the violation of the Act on the Specific Economic Crimes (Fraud) and the violation of the Act on the Specific Economic Crimes (Fraud) and the violation of the Act on the Specific Economic Crimes (Fraud).

As to the judgment of the court below, only the defendants filed an appeal against the guilty portion, and the prosecutor did not file an appeal. In such a case, according to the principle of no appeal, the acquittal portion for each of the above reasons is also transferred to the appellate court along with the conviction portion. However, the acquittal portion for the reason is already excluded from the object of the attack and defense between the parties, and thus, the court cannot re-determine this part.

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). As to the acquittal portion on each of the above reasons, the conclusion of the lower judgment is followed, and no determination is again made.

Although Defendant B did not clearly state a mistake of facts in the appellate brief, Defendant B stated in the appellate brief that “When the amount of damage is partially reduced, Defendant B shall also be reflected in the case of partial reduction in the amount of damage” in the trial on C, and on the third trial date in the appellate brief.