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The prosecutor's appeal is dismissed.
Reasons
In full view of the following facts: (a) the Defendant’s assertion of the grounds for appeal (misunderstanding of facts) is not consistent; (b) records in which the Defendant’s statement is written; (c) records in which the Defendant’s statement is written; and (d) statements in investigation agencies of the F. H. and I, the Defendant should be deemed to have preserved or used
Judgment
The lower court: (a) The Defendant’s act of safekeeping cash does not intend to manage the cash separately with the funds of the Association; (b) the Defendant’s act of keeping the cash in custody was carried out by the intent of unlawful acquisition; and (c) as a result, the Defendant’s act of keeping the said gold in custody for a meeting of E business partnerships; (b) the evidence submitted by the Prosecutor as to the Defendant’s use of the said gold in the execution of the intent
It is difficult to see that the instant facts charged were acquitted.
The burden of proof for the facts constituting an offense prosecuted in a criminal trial shall be borne by a public prosecutor, and the conviction shall be based on the evidence with probative value sufficient for a judge to have the truth 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, the interest of the defendant shall be determined as the interests of the defendant (see Supreme Court Decision 2002Do6110, Feb. 11, 2003, etc.). According to the evidence duly adopted and investigated by the court below, the court below did not accurately record the situation in which the defendant managed cash in a book or report it to the board of directors. It is doubtful that the circumstance in which the defendant kept cash or there is a possibility that the defendant used the cash arbitrarily.
However, the evidence produced by the prosecutor alone proves that the facts charged in this case are beyond reasonable doubt.
As such, the instant facts charged cannot be seen as not guilty.