특정경제범죄가중처벌등에관한법률위반(횡령)
The prosecutor's appeal is dismissed.
1. The court below found the Defendant not guilty of the facts charged on the ground that the summary of the grounds for appeal found the fact that the Defendant raised the funds without any objective evidence to deem that the Defendant used the funds for the company, in full, embezzled the funds with intent to acquire unlawful acquisition.
2. The prosecutor must prove that there is an act of embezzlement as an act of realizing an intent to obtain unlawful judgment. The evidence should be based on strict evidence with probative value that makes a judge not having any reasonable doubt, and if there is no such evidence, there is room for guilt against the Defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the legal principles premised on the evidence duly adopted and examined by the court below, the court below’s determination that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant embezzled the instant non-performing funds with the intent of unlawful acquisition is insufficient, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless