The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the victim and L’s statement of the gist of the grounds for appeal, the defendant could have acknowledged that the defendant had obtained pecuniary benefits equivalent to the construction cost by deceiving the victim without the intent and ability to pay the construction cost as stated in the facts charged, but the judgment of the first instance court that acquitted the defendant on the facts charged for lack of evidence.

2. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach a proof to the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(See Supreme Court Decision 92Do1405 Decided September 1, 1992, and Supreme Court Decision 2016Do21231 Decided October 31, 2017, etc.). Examining in detail the evidence duly adopted and examined by the court of first instance in light of the above legal principles in light of the records, the court of first instance is just to have determined that the evidence submitted by the prosecutor alone cannot be deemed to have been proven without any reasonable doubt as stated in the facts charged and there is no other evidence to find the Defendant guilty of the facts charged, and there is no error of mistake of facts as pointed out by the prosecutor.

3. Since the appeal by the public prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.