1. The prosecutor bears the burden of proving the facts charged in a criminal trial as to the prosecutor's grounds of appeal on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes. The conviction should be based on the evidence with probative value, which makes a judge not to have any reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to guilt against the Defendants, it shall not be determined as the defendants' interest (see Supreme Court Decision 2013Do9605, Feb. 13, 2014). The deception as a requirement for fraud refers to any affirmative or passive act that lacks the duty of trust and good faith to comply with one another in property transaction. From among passive acts, deception by the above passive omission refers to the prosecutor's failure to inform the Defendants of the fact that the other party was unaware of a certain fact, and even if it is evident that the other party was not aware of a legal act after the general transaction, the court below acknowledged that the Defendants did not engage in the pertinent legal act under the name of the prosecutor under the name of M&465, etc.