1. The lower court reversed the judgment of the first instance court that found the Defendant guilty of the instant facts charged and rendered a judgment of not guilty on the following grounds. A.

On April 14, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor at the Seoul Central District Court for embezzlement and the judgment became final and conclusive around that time. The facts charged in the instant case and the relevant criminal facts in the said judgment (hereinafter “related criminal facts”) are incompatible.

The facts charged in this case cannot be found guilty on the ground that there are no special circumstances to recognize that it is difficult to adopt a factual judgment of the final judgment after the conviction of the relevant criminal facts.

B. The evidence presented by the prosecutor alone is insufficient to acknowledge the conviction of the instant facts charged.

2. Whether the criminal facts related to the facts charged in the instant case are non-permanently established

A. In appearance, a series of actions, which form the basis of the facts charged, correspond to several crimes, but in the event that it constitutes a single social factual relationship by combining them, the legal assessment of them can be a non-permanent relationship that is not constituted only one.

In such a case, if a crime of one party is constituted, the other party's crime may not be established, and only if the other party's crime is not guilty, the other party's crime may be

(See Supreme Court Decisions 201Do1442 Decided May 13, 2011; 2016Do15226 Decided February 15, 2017, etc. (see, e.g., Supreme Court Decisions 2011Do1526, Feb. 15, 201

The summary of the facts charged of the instant case is that “the Defendant would transfer the vehicle without the ownership of the vehicle by delivering it to the F when paying the vehicle price in full,” while selling the E-Sata car that was entrusted by F to the victim D on September 2009 (hereinafter “instant vehicle”). The sum of these amounts from October 16, 2009 to April 19, 2010 is six.