Text
The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant not guilty of the facts charged of this case, in light of the following facts: credibility in the confession of the defendant (misunderstanding of the facts), the statement by G that did not have any illegal solicitation is difficult to believe as it is, and the defendant's statement recorded in the record of the defendant's status, interests with H and G, and record, etc.
2. Determination
A. The case holding that in light of the facts acknowledged by the evidence duly adopted and examined by the court below and the following circumstances revealed on August 17, 2015 that the defendant's account number was not known if the defendant was directly known, and that the defendant's first request for the resolution of disciplinary action was not made after the defendant's account number was received, and that the defendant's statement made to the investigation agency of the defendant that he deposited KRW 2 million into the above account of the defendant, it is difficult to believe the above statement as it is, and 2 million won was used before G's accusation, and 2 million won was entered into between G and the defendant on August 17, 2015, when the above statement was made by G and the defendant on August 17, 2015, it appears that the defendant made a false statement on the facts that he received KRW 2 million from the above investigation agency and the defendant made a false statement on the facts that he received the above 2 million won from G or 2 million won under the name of the defendant's personal embezzlement.