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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, the court below erred by misapprehending the rules of evidence in violation of the rules of evidence, since it is possible to fully recognize the defendant's intent of deception and deception as stated in the facts charged.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, it can be acknowledged that D acquired a loan guarantee of KRW 3 billion from the Gyeonggi Credit Guarantee Foundation by the Defendant on February 15, 2012, and at the time, the Defendant stated that D may obtain a loan guarantee of KRW 3 billion from the Gyeonggi Credit Guarantee Foundation.
B. However, the burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). In light of the above legal principles, D, as stated in detail in the judgment of the court below, was able to use the product of the KIN in the investigation agency and the court of original instance (in addition to the possibility of being issued a guarantee of loan from the Gyeonggi Credit Guarantee Foundation, D, in addition to the possibility of being issued a guarantee of loan from the Gyeonggi Credit Guarantee Foundation), D, in turn, acquired the KIM.
Before acquiring the Fund, D has explained the procedures for issuing a loan guarantee certificate to the head of the Gyeonggi Credit Guarantee Foundation I in 2,30 times, and had followed the procedures for confirming the credit and obligation of the Fund in the Bank of Korea, and the Defendant was used for the purpose of repaying the debt to the Gyeonggi Credit Guarantee Foundation F in the Bank of Korea, and the acquisition of a corporation, which was prepared at the time of acquisition of the Fund in the Bank of Korea.