A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, the fact that the defendant conspireds with C to obtain a total of KRW 42,861,30 from the victim B for loan work costs can be fully recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution, and one hundred and twenty hours of community service order) is too uneased and unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles in a criminal trial shall be based on the prosecutor's burden of proving the facts charged, and the conviction of guilt shall be based on the evidence with probative value sufficient to make a judge not to have any reasonable doubt that the facts charged are true, and if there is no evidence to form such a degree of conviction, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). 2) In light of the above legal principles, a thorough examination of the evidence of this case is conducted in light of the records, on the grounds stated in its reasoning, by considering that the evidence submitted by the prosecutor alone is insufficient to find that the defendant in collusion with C was acquired money by deceiving the victim B, and there is no other evidence to acknowledge this, the judgment of innocence is just and acceptable, and it is not erroneous in the misapprehension of facts or by misapprehending legal principles, thereby affecting the conclusion of the judgment.

This part of the prosecutor's argument is without merit.

B. We take the trial-oriented principle and direct care on the argument of unfair sentencing.