The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and the misapprehension of the legal principles (non-indicted part) of the defendant's child-based agency, the defendant made a telephone call at the prosecution investigation stage, stating that "K, who is an operator of the self-based ship agency, has provided his own car-based cargo for the transport of cargo at a cost, with the 1,200 won per unit of the 1,200 unit and the 1,200 unit of the 1 unit of the 1 unit of the 1 unit of the 1 unit of the 1 unit of the 1 unit of the 1 unit of the 1 unit of the

However, the court below found the defendant not guilty of this part of the facts charged. In so doing, the court below erred by misapprehending the legal principles or misunderstanding the facts.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of the legal principles (non-guilty part) in a criminal trial, the recognition of criminal facts should be based on strict evidence with probative value that leads a judge to have no reasonable doubt. Thus, in a case where the prosecutor’s proof fails to reach such a level that leads to conviction, the court below’s determination should be based on the defendant’s interest even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013) (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013).