All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (as to the acquittal portion), the Defendant did not have the ability to pay the balance as stipulated in the sales contract at the time of the instant case, and there was no intent or ability to carry out the development project in the instant land, and at the time, the Defendant had the intent to commit a crime by deceitation. Nevertheless, the lower court’s judgment which determined otherwise and rendered a not guilty of the facts charged as to the fraud, which erred by misapprehending the legal principles, or by misapprehending the legal principles

2. Determination

A. In a criminal trial as to the assertion of mistake of facts and misapprehension of legal principles, the conviction shall be based on evidence with probative value, which could lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt. If there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed

Even if it does not reach the degree of sufficient resolution of the reasonable suspicion caused by the first instance trial, it cannot be found guilty on the sole ground that there was an error of mistake of facts in the judgment of the first instance court that lack of evidence of the crime.