The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the legal statement of misunderstanding of facts by the court below witness M, it is recognized that the defendant committed the crime of fraud by deceiving J around July 3, 2016 in collusion with I in collusion with I.

Nevertheless, without any special circumstance, the court below found the defendant not guilty of this part of the facts charged without rejecting the credibility of the testimony, which affected the conclusion of the judgment.

The punishment sentenced by the court below on unreasonable sentencing (one year of imprisonment and two years of suspended execution) is too uneasible and unfair.

Judgment

The Korean Criminal Procedure Act adopts the principle of substantial direct trial as an element of the principle of court-oriented trial that the formation of conviction and innocence against the substance of a criminal case should be based on a trial in the court.

Therefore, in light of the content of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in view of the results of the first instance examination and the results of additional evidence examination conducted by the time the closing of argument in the appellate trial, maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is clearly unreasonable, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from that of the appellate

In particular, in the case of evidence supporting the facts charged, the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, may not admit the credibility of the witness's statement, but the appellate court may reverse it and determine the credibility of the witness's statement.