The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, according to the gist of the grounds for appeal (misunderstanding of the facts), the Defendant was aware of the existence of the corporate account of D Co., Ltd. around November 16, 201, and was sent money to C in a new bank account in the name of E, the Defendant’s birth, around April 20, 2012.

Although it is different, it can be recognized that there was a false statement contrary to memory, such as the statement in the facts charged.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In addition, in light of the fact that the appellate court has the character as a post-trial trial even after the appearance of the trial and the fact that the appellate court has the spirit of substantial direct deliberation as prescribed in the Criminal Procedure Act, there is insufficient evidence to exclude a reasonable doubt after the examination of evidence conducted by the first instance court, such as the examination of witness, etc.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

Clearly concluding that the facts charged are not guilty (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). The lower court based on the evidence submitted by the prosecutor, the alone, is the facts charged.