사기
The prosecutor's appeal is dismissed.
1. The court below found the defendant guilty on the ground that there is no evidence to prove the facts charged of this case, in full view of the following: (a) some victims of the summary of the grounds for appeal: (b) reported the content of the instant text message and stated that they sent it to the site of this case; and (c) the defendant sent it to the site of this case; and (d) the fact that the text message of this case does not include information and advertisement about the sender; and (b) the defendant sent the text message of this case, the court below
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. According to each evidence duly adopted and examined by the lower court and the trial court, it is recognized that the Defendant sent the instant text message to many and unspecified persons using the Internet mobile phone text message site stating “I have one photograph stored in the service”, and the Defendant appears to have set the use fee of less than KRW 3,000 to KRW 2,990 so that the amount may be paid without the need for separate identification procedures.
C. However, it is difficult to conclude that the victims sent the text message to the victim, on the other hand, because the following circumstances acknowledged by each evidence, namely, ① the phone number of the sendinger of the text message of this case, began to be 080, and it is difficult to conclude that the victims sent the text message to the victim, and ② the pictures provided by 17 companies operated by the Defendant.