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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement of the Reasons for Appeal E, even though the defendant could recognize the fact that the defendant transferred this case to a person who has not received the name of the passbook or F in return for payment, there is an error of misunderstanding of facts in the judgment of the court below which acquitted the defendant.
2. Determination
A. Considering the spirit of the principle of substantial direct examination and the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, if there are special circumstances to deem that the first instance court erred in its determination on the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance in light of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse without permission
(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). B.
The court below found the defendant not guilty on the grounds of the circumstances stated in its holding. The court below's judgment is just and acceptable in light of the records and a thorough examination of the above judgment of the court below, and there is no error of mistake of facts as alleged by the prosecutor
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.