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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. The lower court found the Defendant not guilty of this part of the facts charged on May 7, 2014, on the ground that, on the ground that, on the grounds that, around May 7, 2014, the Defendant made a false statement to the victim D that “I would immediately repay if I lend KRW 10 million as I need to pay money to the victim.”
(M) 2.2
The sentencing of the lower court (the probation of two years in prison and the community service order of 80 hours in prison) is unreasonable as it is too unfluent.
(F) Determination; 2. Determination
A. 1) Determination of the assertion of mistake of facts in a criminal trial has the burden of proving the facts charged in a criminal trial, and the conviction of guilt is based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). According to the evidence duly adopted and duly examined by the court below and the trial court, the fact that the account of D's community credit cooperatives under the name of D from May 7, 2014 to the agricultural bank account in the name of the defendant is transferred in KRW 10 million.
3. However, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court on various circumstances, namely, D used the deposit account in the name of another person as the credit status was not good at around 2014, around the time of the instant case. Around that time, D used the said agricultural cooperative account in the name of the Defendant, and (2) D used the Defendant’s loan for the said agricultural cooperative account in the name of another person; and (3) as at the time of the first accusation of the Defendant, D used the Defendant’s loan for the Defendant’s loan in the letter of complaint.