사기
The prosecutor's appeal is dismissed.
1. The court below found the defendant guilty on the grounds that there is no evidence to prove the facts charged in this case, considering that some victims of the grounds for appeal thought that they reported the content of the text message of this case and stated that they sent it to the site of this case. The text message of this case sent by the defendant does not include information and advertisement about the sender, even if the victims provided the mobile carrier's fee guide screen to the victims before the victim's access to the above site, it is highly probable that the victims could not regard the above fee guide screen, and even if viewed, it cannot be deemed that the above site user guide was given to the defendant in light of its content, the court below found the defendant guilty. In this regard, the court below erred by misapprehending the legal principles.
2. Determination:
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a 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.
B. According to each evidence duly adopted and examined by the court below and the trial court, the defendant sent the text message of this case to many and unspecified persons using the Internet mobile phone text messages in which the defendant "I arrive at a multi-mail," and the defendant sent the text message of this case to many and unspecified persons, and the defendant is less than 3,000 won with usage fees of less than 2,90 won so that it can be paid over-the-counter without need for separate identification procedures.