The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) (the court below rejected the credibility of consistent I’s statement consistent to the facts charged, and found the Defendant not guilty on the ground that there is insufficient evidence to support the Defendant’s deception as to the remainder of the evidence, but the Defendant’s statement of the summary that the Defendant did not mean that each real estate listed in the facts charged (hereinafter “each real estate of this case”) is nominal, has credibility and can be found guilty on the basis of other evidence in the facts charged.

2. Determination

A. When the first instance court examines the credibility of a statement after the witness examination procedure was conducted, it is necessary to assess the credibility of the statement by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including whether the content of the statement itself conforms to the rationality, logic, appearance, or rule of experience, or whether it conforms to other evidence, and whether it conforms to other evidence. The appearance and attitude of the witness who is attending the statement in the open court, and the penance of the statement, etc.

On the other hand, in principle, the appellate court's judgment on the credibility of the statement made by the witness at the court of first instance is based on the records including the witness examination protocol, so it is difficult to reflect the appearance and attitude of the witness at the time of making a statement that can be considered one of the most important elements when determining the credibility of the statement in the evaluation.

Considering these circumstances, it is obvious that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or that the first instance court’s determination on the credibility of the statement made by the witness of the first instance was maintained as it is, taking account of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time the argument in the appellate trial is concluded.