The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) at the time of concluding a service contract, etc. on the performance of “D” with the victims as indicated in the facts charged in this case, the Defendant did not pay a total of KRW 17,30,000 to the employees belonging to the Dispute Resolution Co., Ltd., and (b) at the time of concluding the service contract, etc. with the victims, such as the failure of performance and loss in the status of KRW 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. Determination

A. The prosecutor is responsible for proving the criminal facts charged with false accusation, and the recognition of the criminal facts must be based on the evidence with probative value to the extent that there is no reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.

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

(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.

Based on the above legal principles, the case was returned to the case, and the court below, based on the facts and circumstances stated in its reasoning, determined that the evidence submitted by the prosecutor alone was the victims who did not have the intent or ability to pay service fees to the victims.

The court below found the defendant not guilty of the facts charged in this case on the ground that it is difficult to deem that the defendant had intention to commit fraud without reasonable doubt. Examining the above judgment of the court below in comparison with records, the court below's decision is just and it is not erroneous in the misconception of facts as alleged by the prosecutor.

3. In conclusion, the Prosecutor’s appeal is justified.