The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. Comprehensively taking account of the statements made by accomplice B and the evidence of CCTV images taken by the Defendant’s cash withdrawal page, the lower court found the Defendant not guilty on the ground that the Defendant conspired with employees engaged in telecommunications financing fraud, thereby violating the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, and the crime of fraud committed by using computers, etc., on the contrary, the lower court erred by misapprehending the facts.

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

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the prosecutor’s burden of proof of the facts charged in a criminal trial, and the conviction of guilt is based on the evidence of probative value, which makes the judge feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant’s guilt, it shall be determined in light of the above legal principles (see Supreme Court Decision 2002Do6110, Feb. 11, 2003, etc.).

Based on the circumstances indicated in its reasoning, the lower court, based on the evidence presented by the prosecutor, took part in the Defendant’s act of violating the Special Act on the Prevention of Damage to Telecommunications Financial Services and the Refund of Damage Money to Victims H and the so-called “measures to withdraw” in the crime of fraud by using the computer, etc. under the conspiracy with the employees engaged in telecommunications financing fraud.

It was insufficient to recognize it, and determined otherwise that there was no evidence to acknowledge it.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and acceptable, and the prosecutor applies for the resumption of pleading after the conclusion of the trial proceedings at the court below, and the withdrawal of money from the party passbook B, which "from the defendant."