업무상횡령
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds of appeal (fact-finding) the defendant's personal use of the corporate card when considering the amount, details, the defendant's statement attitude, etc., there are circumstances enough to suspect that the defendant used the corporate card as an individual, and since the defendant did not properly explain the place of use, the court below determined that the defendant could be presumed to have embezzled the money with the intent of illegal acquisition, but the court below did not have sufficient evidence to acknowledge
2. In light of the circumstances stated in its holding, the lower court determined that it is difficult to recognize that the Defendant embezzled the corporate card using the corporate card as stated in the attached Table of the lower judgment because the evidence submitted by the prosecutor alone violates his/her duties for the purpose of seeking the benefit of himself/herself or a third party, and that the facts charged in this case constitute a time when there is no proof of crime
Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.
The prosecutor's assertion is without merit.
3. The appeal by the conclusion prosecutor is dismissed.