The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) the Defendant was given a loan from the victim and agreed to repay the principal and interest of the loan in equal installments each month; (b) the Defendant did not repay it once after receiving the loan, and did not receive the victim’s telephone contact, etc.; and (c) the Defendant paid 35 million won to the victim on behalf of the Defendant only after the Defendant filed a complaint, on the part of the Defendant, on the part of the Defendant, for the payment of the principal and interest of the loan, even though the Defendant did not intend to pay the loan from the victim at the time of receiving the loan, the Defendant could sufficiently recognize the fact of deceiving the victim as if he had the intent to pay the loan, but the lower court determined that the Defendant was acquitted by mistake of the fact.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). Examining the reasoning of the lower judgment’s acquittal and the evidence duly adopted and examined by the lower court based on the foregoing legal doctrine, a thorough examination of the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court reveals the reasoning in detail, and the evidence alone submitted by the prosecutor did so against the victim

The facts charged of this case where the defendant obtained 30 million won as a loan from the victim and obtained 30 million won as a loan from the victim, although the victim cannot be deemed to have executed the loan by her own, or there is no other intent or ability to repay the loan to the defendant.