The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

As long as the defendant signed the certificate of borrowing and borrowed money from the defendant did not have the ability to repay the money, the court below erred in misunderstanding of facts that acquitted the defendant, despite the recognition of the criminal intent of deception and deception.

2. The recognition of facts constituting an offense in a criminal trial 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 fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the criminal appellate court has the character as a post-trial trial even after deceiving the Defendant, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the extent of sufficiently resolving the reasonable doubt caused by the first instance trial, such circumstance alone alone does not lead to concluding that there was an error of mistake of facts in the judgment of the first instance court that lack of proof of crime (see, e.g., Supreme Court Decision 2015Do11428, Feb. 18, 2016). The lower court acquitted the Defendant of the facts charged in this case with a detailed statement on the basis of its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence submitted by the prosecutor alone is presented.