The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the facts charged of this case, despite the credibility of the victim's statement in the statement of the facts charged, by deceiving the victim B, and by deceiving the victim B, as stated in the facts charged.

2. Determination

A. 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 defendant is suspected to be guilty, 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 2010Do9633 Decided November 11, 2010, etc.). B.

According to the evidence duly adopted and examined by the court below and the court of first instance, it can be acknowledged that the defendant paid KRW 58610,000 to the account of this case on December 31, 2009, to B, that "the State security 23 that recognizes the Republic of Korea as a large farm which belongs to the domestic coloning species. It shall be entitled to KRW 3 billion from the steering species. It shall be entitled to receive KRW 3 billion from the Korean Cultural Heritage Administration." B made the defendant use the physical card connected to his bank account (hereinafter "the account of this case").

C. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court, it is difficult to view that the Defendant, as stated in the facts charged, by deceiving B, was proven without reasonable doubt, and there is no other evidence to acknowledge otherwise.

Therefore, the judgment of the court below is just, and it cannot be said that there were errors by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.