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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts, the court below found Defendant A guilty of this part of the facts charged, which is erroneous in the misapprehension of legal principles and incomplete deliberation, although Defendant A made a false statement that Defendant A would promptly complete the registration of ownership transfer by obtaining a written contract with KRW 1.3 billion for the land as indicated in the judgment of the court below (hereinafter in this case’s land) and obtained a false statement that he would promptly complete the registration of ownership transfer, the court below found Defendant A guilty of this part of the facts charged.
B. The lower court’s sentencing on Defendant B is too unjustifiable and unreasonable.
2. Determination
A. On October 11, 2007, Defendant A made a false statement to F on the summary of this part of the facts charged, stating that “If the ownership of the instant land is acquired by transfer and then sold again, the transfer income tax would be high. It would help L, who is the head of the planning office, obtain KRW 10 million and receive KRW 1.3 billion in a fake contract, so that he can obtain the registration of transfer of ownership promptly.” However, the lower court acquitted Defendant A of this part of the facts charged on the ground that it is difficult to acknowledge that Defendant A had the intention or ability to complete the registration of transfer of ownership of the instant land after obtaining a fake contract with KRW 1.3 billion and the registration of transfer of ownership with respect to the instant land was made under the name of F on October 12, 2007. The lower court acquitted Defendant A of F on the ground that there was no other evidence to acknowledge that Defendant F on October 12, 2007, 2000 won was remitted from F on the ground that there was no other evidence to acknowledge.
Criminal facts which have been prosecuted in a criminal trial for the decision of the trial court shall be proved by the prosecutor, and the judge shall not be able to give any reasonable doubt.