The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The court below found the defendant not guilty by misunderstanding the fact, even though the defendant prepared a letter of agreement in this case by means of deception that shows the false statement of construction cost to the victim.

Judgment

The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.

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

In the instant case, it is doubtful that the Defendant would not present the side agreement to the victim at the time of the preparation of the instant agreement, on the following grounds: (a) the Defendant already agreed that the construction contractor would have already agreed to pay KRW 22 million; and (b) the victim would not have submitted the side agreement, stating that the construction cost would have been KRW 260 million; and (c) the victim would have easily failed to comply with the preparation of the instant agreement.

However, according to the evidence duly adopted and examined by the court below, the circumstances as determined by the court below are shown, and in particular, there is no clear evidence to acknowledge that the defendant presented a side agreement to the victim at the time of the preparation of the written consent of this case, the evidence submitted by the prosecutor alone is insufficient to recognize the deception of the defendant, and it is just and acceptable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.