The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. The finding of guilt in a criminal trial ought to be based on the evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(1) In cases where indirect facts are proven through indirect evidence without direct evidence (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). In cases of a crime, such as murder, for which statutory punishment is heavier, the conviction may be recognized by only indirect evidence without direct evidence. However, in order to acknowledge such conviction, it is necessary to carefully determine the facts charged by using indirect evidence related to the facts charged (see, e.g., Supreme Court Decision 2007Do10754, Mar. 13, 2008). The indirect facts based on indirect evidence ought to reach the extent that the reasonable doubt is not permitted, and the indirect facts do not conflict with each other, and should not be supported by logical and empirical rules and scientific rules.

(See Supreme Court Decision 2010Do10895 Decided December 9, 2010). 2. The instant facts charged are as follows.

The Defendant, in the absence of certain income at the time and the debt amounting to KRW 80,00,000,000 for every month, has to pay KRW 1,000,000 to the interest of every month, but without any particular reason, she has received gambling money and living expenses, and she has received money and valuables against women.

On May 21, 2002, the Defendant discovered the victim B (the 22 years of age), and prevented the victim from resisting by means of intimidation, etc. between around 23:20 on May 21, 2002 to around 23:20 on the following day, and by means of intimidation, etc., then deducted the victim from the victim a bank ordinary deposit passbook, C Bank installment savings passbook, identification card, seal, etc., and then deducted the above C Bank ordinary deposit.