The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal and the statements of the Defendants and F, the circumstances in which the Defendants actively demanded the change of PED, etc. without compensation during the process of concluding the pension insurance contract as stated in the facts charged are sufficiently revealed.

Nevertheless, the judgment of the court of the first instance that acquitted the Defendants on the grounds that the Defendants did not require special benefits is not recognized, is erroneous in misconception of facts.

2. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach a proof to the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(See Supreme Court Decisions 92Do1405 Decided September 1, 1992; 2016Do21231 Decided October 31, 2017, etc.). The first instance court rendered a not guilty verdict on this part of the facts charged on the ground that there is no evidence to prove that the Defendant requested compensation for money, goods, etc. in relation to the conclusion of a pension insurance contract as stated in the facts charged only with the evidence submitted by the prosecutor while explaining the grounds for determination on “not guilty portion”.

In light of the above relevant legal principles, the court of first instance examined the above judgment closely with the evidence duly adopted and examined by the court of first instance in light of the above legal principles. In this context, there was no investigation as to whether the Defendants were “request for provision of money and goods, etc.,” which is the constituent elements of this part of the facts charged, at the investigation stage, and ② The construction of LED, etc. was attached to the insurance agency which was trying to attract the pension insurance contract against apartment complexes