The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant did not have the intent or ability to repay the liquor price, the Defendant later committed deception to pay the liquor price in lump sum after the business was sexually dead and the Defendant’s credit alcoholic beverage price reaches KRW 121,060,000, the lower court acquitted the Defendant by misunderstanding the fact and thereby acquitted the Defendant.

Judgment

The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

According to the evidence duly adopted and examined by the court below, it is acknowledged that the defendant was a member of the Korea Rail Network Authority, and the defendant was a Grade 4 official of the Ministry of Land, Transport and Maritime Affairs in front of the victim. In this regard, there is doubt that the defendant could not deceive the victim.

However, according to the above evidence, the circumstances stated in the judgment below can be acknowledged. In particular, in light of the fact that the victim explained the business of this case and did not urge the defendant to pay the liquor amount to the considerable amount, and the loan certificate was prepared for the period of 2010, it is difficult to exclude a reasonable doubt as to whether the victim was engaged in the business in partnership with the defendant, etc. and did not bear the liquor value under the conditions of the business.

Therefore, it is difficult to believe the victim's statement as it is, and eventually, the evidence submitted by the prosecutor alone is insufficient to recognize the defendant as having committed a deception as in the facts charged.