수원지방법원 2013.05.16 2013노808



The prosecutor's appeal is dismissed.


Summary of Grounds for Appeal

Despite the fact that the Defendant had been repaid KRW 600,000,000, which the Defendant lent to F, the lower court determined that the Defendant had not been reimbursed KRW 1 billion due to mistake of the fact and sentenced the Defendant not guilty.


The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

The witness F of the lower court stated to the effect that, even if he borrowed KRW 400 million from I, he would have to repay a total of KRW 800 million to I, and that the above KRW 600 million repaid through G would have been repaid to I rather than the Defendant. The witness H of the lower court stated to the effect that he filed a complaint against the Defendant under the charge of the instant perjury, but he did not know the content, and thus, he was erroneous. In full view of this, the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant received KRW 600 million from F.

A prosecutor presented the receipt of November 17, 2006, the notice of the performance promotion as of June 27, 2006, and G’s mail, etc. However, in full view of the lower court’s witness F or G’s statements, it is difficult to readily conclude that the Defendant received KRW 600 million even based on the above documentary evidence.

Therefore, there is no error of misconception of facts that the court below found the defendant not guilty.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.