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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor, according to the summary of the grounds for appeal (misunderstanding of the facts), the fact that the Defendant deceptioned the victim as stated in the facts charged and fraudulently acquired KRW 49,350,000 by deception.
2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In addition, in light of the fact that the appellate court has the character as a post-trial trial even after the appearance of the trial and the fact that the appellate court has the spirit of substantial direct deliberation as prescribed in the Criminal Procedure Act, there is insufficient evidence to exclude a reasonable doubt after the examination of evidence conducted by the first instance court, such as the examination of witness, etc.
In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely
Clearly concluding that the facts charged are not guilty (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). The lower court, based on the evidence submitted by the prosecutor, proves that the facts charged against the Defendant was beyond reasonable doubt-how.
On the grounds that it is difficult to see that all the charges against the Defendant were acquitted.
In light of the above legal principles, the records of this case are recorded.