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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the victim C’s investigative agency and the court below’s consistent statement in the grounds for appeal, C’s telephone call content (2: 84 pages of investigation record), the result of the investigation of the detection of false horses, the details of remitting KRW 500,000 to M (1:40 pages of investigation record), and the records of remitting KRW 50,000 to M (1: 1:40 pages of investigation record), and the CCTV video files analysis report, the court below acquitted the Defendant on the charges of this case on the ground that the facts charged were proven without reasonable doubt.
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted 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, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). In addition, in light of the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court based on the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court should respect the determination on the credibility of the statement made by the witness of the
(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).
Based on the above legal principles, a thorough examination of the evidence duly adopted and examined by the court below is conducted by the court below.