The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) is as follows: (a) the Defendant, as an O intermediary for the purchase of land of 3,854 square meters (hereinafter “instant land”) in Gyeongnam-gun L, M, N, and P, G, who is a purchaser of the instant land (hereinafter “instant land”), was willing to give testimony so that theO may win the instant lawsuit for cancellation of ownership transfer (hereinafter “the instant civil lawsuit”); and (b) even if D received the G’s power of attorney on March 31, 201 and issued the certificate of seal imprint on April 18, 201, the Defendant did not bring a certificate of seal imprint and brought a certificate of seal imprint on around 26, 201; (c) the Defendant failed to obtain a certificate of seal imprint on April 26, 201 from the 3rd witness for the submission of the certificate of seal imprint; and (d) the Defendant did not obtain a certificate of personal seal imprint on April 26, 2011.

Inasmuch as E’s statement was made and the certificate of seal imprint was issued, it cannot be readily concluded that D would have brought about April 18, 201 the certificate of seal imprint issued on March 31, 201, in consideration of the fact that the date of issuance cannot be said to be March 31, 201.

Therefore, although the testimony of the defendant is recognized as false, the judgment of the court below that acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The facts charged in a criminal trial should be proved by the prosecutor, and the judge should be convicted with evidence of probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt, so if there is no such evidence, such evidence will be available.