The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the victim did not permit the defendant to bring into the case, and there was no circumstance to believe that the defendant was permitted to bring about the case, and there was no circumstance to believe that the defendant was permitted to do so, so the court below found the defendant not guilty of this part of the facts charged even if the defendant stolen the money of approximately KRW 200,000 as owned by the victim.

2. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in view of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing the argument in the appellate trial, maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is clearly unfair, the appellate court shall not reverse the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, judged that the credibility of the witness's statement cannot be acknowledged, if the appellate court intends to determine that the credibility of the witness's statement can be acknowledged by following it, the first instance court's ruling rejecting the credibility of the witness's statement should be sufficient and acceptable.

(See Supreme Court Decision 2006Do4994, Nov. 24, 2006). Examining the evidence duly adopted and examined by the court below in light of the aforementioned legal principles, the court below’s judgment on the credibility of the witness’s statement is rendered.