특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in this case on the ground that the Defendant could sufficiently recognize the fact that he acquired KRW 500 million from H, such as as stated in the attached facts charged.
2. Determination
A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no 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.
(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.
According to evidence duly adopted and examined by the court below, the following circumstances are as follows. ① The defendant was requested by F, the owner of the land of this case, to sell the above land at early 2008; ② on March 11, 2008, the defendant sold the land, such as Gyeonggi-gun E (hereinafter “instant land”) between H with H, and the intermediate payment of KRW 650 million on the same day; the intermediate payment of KRW 150 million on April 20, 2008; the remainder of KRW 435 million on April 10, 2008; the remainder of KRW 100 million on May 10, 2008; ② the defendant entered into a contract with H to receive KRW 65 million on the day of the remainder of the payment of the intermediate payment (hereinafter “the remainder of the payment of KRW 500,000,000 on May 10, 2008; ③ The remainder of the payment of KRW 500,000,000.