The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts) and the evidence submitted by the prosecutor, the court below acquitted all of the charges of this case on the part of the defendant, although the defendant could fully recognize the fact that he received the government subsidy by false application and by deceiving the public officials in charge of human resources group as shown in the facts charged, and obtained the money from the victim Gangwon-do and human resources group, and obtained the money from the victim and human resources group, which affected the conclusion of the judgment.

2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;

Even if so, it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). Examining the reasoning for innocence against the defendant in light of the relevant evidence and records, it cannot be deemed that the court below received subsidies in excess of the amount that the defendant should receive or should have received for a business that is not subject to the grant of the subsidy for reasons as stated in its reasoning, and furthermore, there is a criminal intent or illegal acquisition of the defendant through deception.

It is difficult to view it.

In light of the above, the decision of not guilty of each of the facts charged of this case is just, and there is no sufficient evidence to deem that each of the facts charged of this case was highly probable beyond the suspicion of conviction, and thus, the prosecutor's above assertion is without merit.

3.