절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant, against the victim's will, committed a theft of one million won which the victim had been put in an envelope, but the above amount was given to the defendant as a criminal agreement, and there is an error of mistake in the determination of facts.
2. On September 24, 2017, the Defendant: (a) around 20:00 on September 24, 2017, at the “D” restaurant operated in the East Sea, the Defendant returned the envelope containing KRW 1,00,000,000, cash deposited by the victim E to C; and (b) the victim Da c c d d d d d d d d d d d d d d d d d d d d d d d d
3. Determination
A. Based on its stated reasoning, the lower court acquitted the Defendant on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone constituted a stolen money, not the money given as the agreed amount in the Defendant’s accusation case, and that there is no other evidence to acknowledge it.
B. Examining the above judgment of the court below in comparison with the evidence, it is just and acceptable, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.
C. Therefore, prosecutor's assertion is without merit.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.