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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the victim's statement is consistent and reliable and there is a loan certificate supporting the statement, the defendant can be recognized the fact that the defendant deceivings the victim as stated in the judgment of the court below by deceiving him/her as stated in (2) a crime list.
B. The sentence of the lower court is so unfair that it is so unfair that it is too uneasible that the sentence of the lower court [a fine of one million won or more, or a fine of one million won or more, or a fine of one million won or more: a fine of one million won or more) is too uneased.
2. Determination
A. In a criminal trial as to the assertion of mistake of facts, the recognition of facts should 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 there is suspicion of guilt, such as inconsistency with the defendant’s assertion or defense or non-competence, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). In addition, in light of the fact that the appellate court is in the form of ex post facto trial even after it belongs to the court, and in light of the spirit of substantial direct trial as prescribed in the Criminal Procedure Act, there is insufficient proof to exclude reasonable doubts after the first instance court undergoes the examination of evidence, such as witness examination.
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
The facts charged shall not be found guilty (Supreme Court Decision 2012Da1648, Feb. 18, 2016).