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 can not be ruled out completely the possibility that the defendant requested F to lend KRW 40 million as stated by the court below. However, it is difficult to view that the evidence submitted by the public prosecutor based on the circumstances as stated by the court below and the contents of the defendant's lawsuit is proven to the extent that the facts charged of this case is beyond a reasonable doubt, and that there is no evidence to prove otherwise, it is just to find the acquittal of the defendant of this case on the ground that the facts charged of this case was not proven to the extent that the evidence submitted by the public prosecutor was beyond a reasonable doubt, and there is no illegality in mistake of facts alleged by the public

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and it is so decided as per Disposition by the assent of all participating Justices under Article 364 (4) of the Criminal Procedure Act.