The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the prosecutor is consistent with the defendant that has given the instant money under the pretext of solicitation, and despite the existence of other objective circumstances corresponding thereto, the court below rejected the credibility of H’s statement and acquitted the defendant. The court below erred by misapprehending the facts against the rules of evidence.

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 fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(See Supreme Court Decision 2012Do231 Decided June 28, 2012). A.

With respect to KRW 100 million