The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, it is recognized that the defendant, although there is no intention or ability to repay, deceptioned the victim B by deceiving him/her.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the ground that there is room to view that there was a monetary transaction between F and the victim, in light of the circumstances as indicated in its reasoning, and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant acquired 50 million won from the victim.

B. 1) In a criminal trial, the burden of proving the facts charged in the indictment lies on the prosecutor, and the recognition of conviction must be based on the evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt. If there is no evidence to establish a conviction to such an extent, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000).