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The judgment below
Part of the embezzlement shall be reversed.
Defendant
A Fines 1,000,000 won, Defendant B shall be punished by fine 2,00,000 won.
Reasons
1. Scope of adjudication of this court;
A. 1) The lower court, among the facts charged in the instant case, found Defendant A guilty of the violation of the Electronic Financial Transaction Act against Defendant B, the violation of each Electronic Financial Transaction Act against Defendant B, and the assault, and found Defendant A guilty of fraud, each fraud against Defendant B, and the Defendants not guilty of the primary and secondary embezzlement. On this, the prosecutor appealeded the Defendants on the ground of an unreasonable sentencing on the grounds of a misapprehension of legal doctrine as to the Defendants’ guilty portion among the facts charged in the instant case, as to the fraudulent aiding and abetting against Defendant A, each of the fraudulent aiding and abetting against Defendant B, and each of the ancillary embezzlement against the Defendants. 2) Prior to remand, the lower court dismissed the Prosecutor’s appeal against the Defendants.
Accordingly, the prosecutor appealed on the part of the judgment of the court prior to the remand.
3) The Supreme Court rejected the Prosecutor’s ground of appeal on the charge of aiding and abetting Defendant A and aiding and abetting Defendant B, among the judgment of the party before remanding the case. However, the Supreme Court reversed the part of the judgment of the party before remanding the case for embezzlement and remanded to this Court on the ground that there are no errors in the misapprehension of legal principles as to the conjunctive embezzlement part against the Defendants, which was accepted by the Prosecutor’s ground of appeal and found the Defendants not guilty prior to remand. Accordingly, the part of the conjunctive embezzlement part against the Defendants should be reversed, and that the primary embezzlement part of the judgment before remanding the case should be reversed together. (B) If there are several orders of the judgment, such as partially guilty of the case charged for concurrent crimes and the sentence of partial innocence, the part contained in the main sentence may be appealed separately from other parts, and in such case both parties appeal.