사기
The prosecutor's appeal is dismissed.
1. In light of the fact that the remittance method of this case, in which the defendant is changing, is different from that of the remittance method in which the defendant was committed in a usual manner, the defendant was transferred money to the victim, the contact with the victim was interrupted after the criminal investigation was conducted, the contact was contacted with the victim, and the defendant was attempted to depart from the Republic of Korea after the decision of the court below was rendered, although the court below found the facts charged of this case by deceiving the victim to transfer money to a foreign country instead of money, the court below acquitted the defendant, which affected the conclusion of the judgment by mistake of facts.
2. The facts constituting an offense charged in a criminal trial should be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not reach the extent that it would lead to such conviction, it is inevitable to determine the defendant’s benefit even if there is a doubt that the defendant is guilty.
In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below in light of the records of this case does not have any room to suspect that the defendant had a criminal intent to acquire by deception as stated in the facts charged of this case. However, it is difficult to view that the evidence submitted by the court below in light of the circumstances and the contents of the defendant's change in the prosecutor's complaint is sufficient to prove that the criminal intent to acquire by deception or the criminal intent to acquire by deception has been proven to the extent that it is beyond a reasonable doubt, and it is reasonable to find a not guilty of the facts charged of this case on the ground that there is no other evidence to acknowledge this differently, and it is reasonable to find a not guilty of the facts charged of this case on