The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (the factual error) of the instant accident, the fact that the Defendant, even though having contacted with a motor vehicle, was obtained by deceiving the victim as if the accident occurred, is recognized as having been committed by deceiving the victim as if it had contacted with the motor vehicle.

Therefore, the judgment of the court below which acquitted the defendant.

2. Determination on the grounds for appeal

A. On March 23, 2018, the Defendant was paid KRW 276,80,000 as the repair cost of the vehicle on March 28, 2018, by receiving KRW 276,80,00 as the repair cost of the vehicle from the victim, and received KRW 890,00,000 as the agreed money on March 29, 201, when the previous Cropian car was in close vicinity with the driver’s seat even if it was self-confising that it was approaching the driver’s seat of the vehicle.

Accordingly, the Defendant acquired the total amount of KRW 1,166,800 by insurance fraud act.

B. 1) In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have the truth that the facts charged are true beyond a 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 the interests of the defendant (see, e.g., Supreme Court Decisions 2002Do6110, Feb. 11, 2003; 2005Do2342, Jun. 24, 2005).