The prosecutor's appeal is dismissed.

1. According to the prosecutor's statement of L in the gist of the grounds for appeal, the decision of the Chinese court, etc., the Defendants knew that the above company was liable for packing payment to the I Limited Corporation at the time of transferring the G Limited Corporation to the victim F.

Therefore, in light of the fact that the confirmation document in the name of H (I) that confirms that the packing price liability for the G Limited Corporation does not exist is inconsistent with the above fact-finding, as long as the Defendants submitted it in the civil lawsuit with the victim and won it as evidence, the Defendants are bound to be deemed to have forged the above confirmation document, and thus, the Defendants constitute a crime of forging and uttering private documents, and a crime of fraud is established.

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 2005Do4737 delivered on February 24, 2006, etc.). B.

In light of the records, the court below's determination of not guilty of all the charges against the Defendants on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged of this case, and there is no error of misunderstanding of facts as alleged in the grounds of appeal. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so ordered.