The prosecutor's appeal is dismissed.

1. The court below erred in the misapprehension of legal principles as to the facts of deception of 100 million won by deceiving the victim, even though the summary of the grounds for appeal is recognized.

2. The facts charged in a criminal trial should be proved by the prosecutor, and the judge should admit the conviction with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2005Do767, Apr. 15, 2005). In addition, considering the difference between the methods of evaluating the credibility of the first instance court and the appellate court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, the first instance court's decision on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, although 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, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.