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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal recognizes that the defendant was unable to pay a certain amount of money at the time of borrowing and that the defendant was unable to pay, and considering the credibility of the victim's statement proving the source of money related to the fact of lending cash, etc., the court below determined that the defendant was not guilty by misconception of the fact, even though the defendant could sufficiently recognize the fact that the defendant by deceiving the victim and by deceiving the victim about the sum of KRW 23,451,
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted 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, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(See Supreme Court Decision 201Do7261 Decided November 10, 2011, etc. (see, e.g., Supreme Court Decision 2011Do7261).
Based on the above legal principles, a thorough examination of the reasons for innocence of the judgment below and the evidence duly adopted and examined by the court below. The court below, after the examination of the evidence submitted by the prosecutor, it is difficult to believe that the victim's statements in the investigative agency and the court of the court of the court below as they correspond to the facts charged as they are, and the evidence submitted by the prosecutor alone is insufficient to deem that there was no reasonable doubt as to the facts charged in this case, and there is no other evidence to prove otherwise, the judgment of innocence of the defendant is just and acceptable. Since there was no new evidence to prove the facts charged in this case in the court of the trial, the prosecutor's allegation of mistake of facts is without merit.
3. In conclusion, the prosecutor's appeal is justified.