The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant, although it can be sufficiently recognized that the defendant conspiredd with B, etc. to commit the crime of fraud of this case and participated therein, is erroneous in the misapprehension of facts.

2. The prosecutor changed the indictment to the indictment shall include the previous facts charged against the defendant in the trial room as the primary facts charged, and the name of the crime in the preliminary charge is "Fraud assistance", "Articles 347 (1) and 32 (1) of the Criminal Act", and the facts charged are 3.B.

1 As stated in paragraph 1, each application for permission to amend a bill of amendment was filed, and this court was permitted to change the subject of the adjudication.

However, since the prosecutor's argument of mistake of facts on the primary facts is still subject to the judgment of this court, the prosecutor's argument of mistake of facts on the primary facts and the ancillary facts added in the trial of the party will be judged in turn.

3. Determination

A. In full view of the circumstances acknowledged by the evidence duly admitted and investigated by the prosecutor, the lower court conspireds with B, etc. to commit the instant fraud on the sole basis of the evidence submitted by the prosecutor.

It determined that the fact that the participation was not proven to the extent that there is no reasonable doubt.

The circumstances presented by the lower court and the following circumstances revealed through the evidence duly adopted and examined by the lower court, namely, ① the court stated in the court of the lower court that “A” stated that “B, in fact on the day of the instant case, did not regard the Defendant on the day of the instant case,” and stated in the court of the lower court that “B, in fact, did not know that the Defendant had been able to have been able to have been able to have been able to have been able to have been able to know,” and ③ E was able to have been able to have been able to have been able to have been able to have been able to have been