The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal submitted by the prosecutor, it is recognized that the defendant deceivings the victim and defrauds the victim of KRW 30 million, as stated in the facts charged, so the judgment of the court below which acquitted the defendant of the facts charged is erroneous in matters of mistake of facts.

2. Determination

A. In light of the content of the first instance judgment and the evidence duly examined in the first instance court, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is obviously unfair to maintain the first instance judgment on the credibility of the statement made by a witness of the first instance court based on the results of the first instance court and the results of additional evidence examination by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2013Do5029, Sept. 12, 2013).

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the court below rendered a not guilty verdict on the ground that the evidence, including the above evidence, presented by the prosecutor, alone, cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the accused's deception.

In comparison with records, the judgment of the court below is just and acceptable, and there is no error of mistake of facts.

1 E shall be the defendant, victim, etc. at the court below's time and time stated in the indictment.