Nevertheless, the judgment of the court below which acquitted the Defendants.

2. The finding of guilt in a criminal trial ought to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2005Do2342, Jun. 24, 2005). Considering the facts and circumstances cited by the judgment below and the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, it is difficult to acknowledge the credibility of the statement by the complainants who seem to conform to the facts in the instant case, and the remaining evidence submitted by the prosecutor alone proves that the facts in the instant case are proven to the extent that the reasonable doubt is excluded

Therefore, the court below's finding the Defendant not guilty of the facts charged of this case is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor in the judgment below.

shall not be deemed to exist.

① At the time of the conclusion of the instant sales contract, the Defendant was delegated with regard to the transfer of ownership of the instant house, and the ownership was transferred to a third party. However, the evidence submitted by the Prosecutor alone is insufficient to recognize that the Defendant had no intention or ability to sell the instant house.

② The complainants paid on August 20, 2009 and August 25, 2009 total of KRW 70 million pursuant to the instant sales contract.