The prosecutor's appeal is dismissed.

1. The lower court found the Defendant not guilty of the instant facts charged, despite C’s mediation, where B, an operator of D Co., Ltd. (hereinafter “D”) in the summary of the grounds for appeal, lent the name of D construction business, and C was not guilty of the instant facts charged.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

The following additional circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below in regard to the various circumstances stated in the judgment below, namely, ① the contract of this case is the fact that the defendant, the contractor, entrusted the construction work of this case to D and paid the construction cost, ② D has employed C as the branch office and supervised the construction work of this case, and paid the construction cost to D (including filing a lawsuit of claiming construction cost against D, not the subcontractor, who did not receive the construction cost). ③ D has requested the defendant who did not pay the construction cost, and the defendant requested D to replace the defendant as the sole owner, and if the defendant pays the construction cost in full, D has received an agreement (refer to Article 368 of the evidence record) that he would replace the defendant as the sole owner. Nevertheless, D could not pay the construction cost.