The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor to the summary of the grounds for appeal, the defendant may forge and exercise his/her application for the change of the insurance contract, and it can be recognized that the defendant deceivings employees in charge of the victim's limited liability insurance company based on the forged application for the change of

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000).

The facts charged of this case, which are premised on the forgery of the above documents, are insufficient to recognize it, and there is no other evidence to acknowledge it, and therefore, all of the facts charged of this case were acquitted on the ground that there is no evidence of crime.

(c)

Examining the above judgment of the court below in light of the records of this case, it is just and acceptable, and it misleads the facts.