All appeals by prosecutors are dismissed.

A. The Defendant did not sell the F Traler that was leased from the Victim Co., Ltd. D (hereinafter “the instant Baler”) to leap Construction Co., Ltd.

Nevertheless, the court below held that the Defendant embezzled the instant Lereler by selling it to leap Construction.

The court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. According to the evidence submitted by the Prosecutor’s misunderstanding of the facts, the Defendant was in excess of his/her obligation at the time of leasing the instant scraper to the injured party; the Defendant did not pay the instant scraper rent despite the demand of the injured party; and the Defendant sold the instant scraper to le construction; in light of the above circumstances, it can be sufficiently recognized that the Defendant, by leasing the instant scraper from the injured party to May 1, 2008 to March 201, intended to acquire rent of KRW 24.6 million from May 2008 to March 2015.

Nevertheless, the court below rendered not guilty of this part of the facts charged, and the judgment of the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (2 million won in penalty) is too unhued and unfair.

2. Determination

A. On May 208, 2008, the Defendant asserted that the Defendant was guilty of the facts charged. On September 2014, 2014, on the part of the Defendant, the Defendant received from the victim of the E parking lot located adjacent to Busan Dong-gu, Busan, the payment of rent of KRW 300,000 per month from the victim’s 30,000 from the victim of the E parking lot located adjacent to the Plaintiff, the Defendant arbitrarily sold the said lele in a place where the said lele is kept for the victim.

Accordingly, the defendant embezzled the victim's property.

2) The lower court’s judgment.