The appeal is dismissed.

The grounds of appeal are examined.

1. The prosecutor bears the burden of proving the facts charged in a criminal trial.

In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.

If there is no such evidence, even if there is doubt as to the Defendant’s conviction, it is inevitable to determine the Defendant’s innocence as the Defendant’s interest (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). 2. The lower court: (a) granted the Z a share of KRW 50 million to the Defendant.

In addition, D delivered to the defendant KRW 50 million or KRW 20 million.

lack of evidence to determine the person;

In light of the existing facts charged and the selective facts charged in the original trial, both the 1, 2, and the selective facts charged constitute a case where there is no proof of crime, and the defendant was acquitted.

The gist of the prosecutor's appeal is that the court below erred by finding facts against the rules of evidence and acquitted the defendant, although the prosecutor's evidence submitted by the prosecutor sufficiently proves that the facts charged are guilty.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

Even in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

3. The prosecutor's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.