The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is that the Defendant promised to “to repay within one week as advance payment of government-funded construction work,” and did not file an application for advance payment even though the Defendant borrowed KRW 60 million from the victim, which is false. Even if the Defendant deceivings the victim by falsehood, and the Defendant prepared a promissory note with H, including the amount borrowed from the victim, the said promissory note alone does not guarantee preferential payment for the victim. Furthermore, considering that the Defendant was liable for the Defendant’s debt worth KRW 350 million from many creditors at the time of borrowing KRW 60 million from the victim, the Defendant could be sufficiently anticipated that the Defendant could not repay KRW 60 million to the victim at that time, and thus, it can be recognized that the Defendant had the intention to defraud the victim by deceptive means.

Nevertheless, the lower court acquitted the charged facts of this case. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be made even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the criminal appellate court has the nature as an ex post facto trial even after the fact that it has the nature of the trial and the spirit of the substantial direct trial under the Criminal Procedure Act, the first instance court found the defendant not guilty of the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as the examination of witness, etc.