All of the appeals filed by the prosecutor and the defendant A are dismissed.

1. Summary of grounds for appeal;

A. Public prosecutor: In full view of the evidence submitted by the public prosecutor of mistake of facts (not guilty part of the defendant B), the fact that the defendant B conspireds with the defendant A and H to make a false statement to the victim, received KRW 92.9 million from the victim as a price for solvents, and acquired it by fraud.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged on the ground that the above evidence alone is insufficient to recognize that Defendant B conspired to commit the above fraud and shared the act of commission, and there is no other evidence to acknowledge it. The court below erred by misapprehending the facts, which affected the conclusion of the

B. Defendant A: In light of the degree of participation of Defendant A in unfair sentencing, the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. In a criminal identification procedure based on the appearance, etc. of the suspect's assertion of mistake by the public prosecutor, requiring the suspect to confirm the criminal by face-to-face face with the victim. As such, there is a risk of causing an in-depth cancer that the suspect is suspected of being a criminal under the limits of human memory and inaccurate and specific circumstances, so the victim's statement in the criminal identification procedure according to such a method may be suspected of being a criminal. As such, there is another circumstance where the suspect has previously known the suspect with the victim or not, in addition to the victim's statement, other circumstances exist to suspect the suspect as

Unless there are any additional circumstances, such as whether it is done or not, it shall be deemed that the credibility thereof is low.

In addition, when it is possible to evaluate that the victim's statement in the criminal identification procedure is high credibility, the victim's statement or description about the offender's appearance, etc. is recorded in detail in advance, and the suspect, including the suspect, is also identified by facing several persons who are similar to the suspect's appearance.