The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the judgment of the court below that acquitted the Defendant by mistake of facts and adversely affecting the conclusion of the judgment, on November 28, 2014, on the following grounds: (a) the Defendant made a false statement to the victim F that “the Defendant was not guilty of 100 million won after he/she died of another infant in his/her kindergarten because he/she got the victim from another infant; and (b) he/she borrowed KRW 100 million from the victim

2. Determination

A. The lower court determined that it is insufficient to recognize the fact that the victim’s statement, which is a direct evidence proving the facts charged of the instant case, is guilty of the facts charged of the instant case on November 28, 2014, based on the following: (a) it is difficult to believe that the victim’s statement, which is a direct evidence proving the facts charged of the instant case, is difficult in light of the circumstances indicated in the judgment; and (b) the remaining evidence submitted by the prosecutor alone, stating that the Defendant “the Defendant caused the victim to die another son in the kindergarten, thereby lending KRW 100 million from the victim under the pretext of agreement”

B. 1) In light of the fact that the criminal appellate court has the nature of ex post facto trial even after the fact that it has the nature of the trial as well as the spirit of substantial direct trial as an element of the trial-oriented principle as stipulated in the Criminal Procedure Act, the appellate court held that the first instance court, who directly observed the witness’s appearance and attitude in the process of examination of witness for the witness who supported the facts charged, cannot recognize the credibility of the witness’s statement, even though the appellate court reverses the witness’s statement and subsequently recognizes the credibility of the witness’s statement.

In order to consider the credibility of the statement as evidence of conviction, the first instance judgment rejecting the credibility of the statement should appear to be acceptable and sufficiently understandable (Supreme Court Decision 2016Do10214 Decided August 30, 2016). (2) If the circumstances and the following circumstances acknowledged by the record were to be met, the lower court’s judgment is justifiable.