1. According to Article 13-5 of the Protection of Communications Secrets Act which provides that Article 12 subparagraph 1 of the same Act shall apply mutatis mutandis to restrictions on the use of communication confirmation data, where communication confirmation data acquired by a request for provision of communication confirmation data is used to prosecute or prevent a crime, the crime is limited to the crime which is the purpose of the request for communication confirmation data or the crime related to it.

The court below determined that the monetary content of this case was provided to the President of the Gangwon-gu Police Station in the course of investigation of R and S for the violation of the Public Official Election Act, and that even if the prosecutor obtained permission from the district court or the branch court under Article 13(2) or (3) of the Protection of Communications Secrets Act in the course of obtaining such permission, the charge of this case against the defendant is not related to R and S’s violation of the Public Official Election Act, and thus, it cannot be used as

The judgment below

In light of the above legal principles and records, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles as to the court's duty of explanation, restriction on use of communication confirmation data, exception to the principle of exclusion from illegally collected evidence, etc.

2. In a criminal trial, the recognition of a criminal fact should be based on strict evidence with probative value that leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree that such conviction would lead to such conviction, the determination should be made in the interests of the defendant even if there is a suspicion of guilt.

On the other hand, in a case where the issue is whether to accept money or valuables, the defendant denies the fact of receiving money or valuables, and the financial data to support it.