사기
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the Defendant of the facts charged of this case on a different premise, although the Defendant, prior to November 2008, purchased approximately 900 square meters (3,200 square meters) out of about 11,09 square meters (3,200 square meters) of I forest land in Gwangju-si, Gwangju-si, his wife, or did not lend money to him, was erroneous in the misapprehension of the facts charged of this case.
2. Determination
A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the degree of confiscing such conviction, the determination should be made in the interests of the defendant even though he/she was suspected of guilty, such as contradictory or uncompeting in the defendant’s assertion or defense, even though he/she was suspected of suspicion (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Examining the circumstances as indicated by the court below and the following circumstances additionally required by the trial in light of the legal principles as seen earlier, the court below is sufficiently acceptable to find the defendant not guilty on the facts charged in this case on the premise that the defendant did not have the right to dispose of the part on the land of this case, and there is an error of mistake as pointed out by the prosecutor.
subsection (b) of this section.
Therefore, the prosecutor's above assertion is without merit.
① Although K, which sold the instant land to the Defendant, did not specifically state the date of conclusion of the sales contract, the amount of the sales price, and payment method in the prosecutor’s office and the lower court’s court court’s court, it is the old age of 71 years as K was born in 1946 and the sales contract for the instant land was about 10 years prior to the present date, K’s memory.