The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the factual error and misapprehension of the legal principle), it is reasonable to deem that the Defendant had been aware of the fact that the instant claim assignment contract was still valid at the time when the Defendant received money from the victim company, and it is recognized that the Defendant had been aware that he had no right to receive the instant claim and would not pay money to the victim company if he had already transferred the claim, and that the Defendant had been aware that he would not pay money to the victim company if he had actually notified the fact. Thus, failure to notify the fact constitutes a deception

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to feel true that the facts charged are not likely to have a reasonable doubt. Unless such proof is given, the conviction of the defendant cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed

Even if it does not reach the degree of sufficient resolution of the reasonable suspicion caused by the first instance trial, it is concluded that there is an error of mistake in the determination of facts in the first instance judgment that lacks evidence of crime.