All appeals filed by the prosecutor against the Defendants are dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the Defendants not guilty of the facts charged against the Defendants, which affected the conclusion of the judgment by misunderstanding the facts, although the Defendants conspired in collusion with the victim F to fully recognize the fact that they acquired a total of KRW 14 million from the damaged party under the pretext of street funds.

2. Determination

A. The intent of the crime of fraud, which is a subjective constituent element of fraud, should be determined by comprehensively taking into account objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction before and after the crime, unless the Defendant does not confession. Meanwhile, the recognition of guilt should be based on evidence with probative value that leads to a judge to believe that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the Defendant, it is inevitable to determine the Defendant’s interest. This is likewise true in recognizing the criminal intent, which is a subjective element of fraud (see Supreme Court Decision 2010Do6659, May 10, 201, etc.). In light of the foregoing legal principles, the following circumstances revealed during the deliberation process of the instant case, i.e.,, the Defendant A was working as an employee of the public relations team of the instant hospital’s administrative office, and the victim’s introduction of the instant agreement, and the establishment and implementation of the instant hospital’s e-mail and its e-mail.