The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the grounds for appeal, although the defendant could fully recognize the fact of deceiving the victim as stated in the facts charged and deceiving the victim, the judgment of the court below that acquitted the defendant, which affected the conclusion of the judgment by misunderstanding the facts.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do12 Decided October 14, 2005, and Supreme Court Decision 2010Do14731 Decided December 23, 2010, etc.). Furthermore, fraud is established by deceiving another person and inducing such dispositive act to obtain property or pecuniary gain by inducing such dispositive act. As such, fraud requires deception and mistake by the defrauded and the dispositive act of the defrauded, and there is causation between them.

(2) The court below's decision on the credibility of a statement made by a witness of the first instance court is justified, unless there are special circumstances to deem that the first instance court clearly erred in its decision on the credibility of a statement made by a witness of the first instance court in light of the spirit of substantial direct cross-examination adopted by the Korean Criminal Procedure Act, or the first instance court's decision on the credibility of a statement made by a witness of the first instance court is clearly unfair in full view of the results of the first instance court's examination and the results of additional evidence examination conducted until the closing of argument in the appellate court.