횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal changed the attitude of the defendant while compensating the victim for damage at first time, the situation where the victim borrowed the activation of the defendant, the defendant as an expert could have easily known the active value, and considering the active value of the defendant's return, etc., the defendant's assertion is difficult to obtain, but the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment even though it can be found guilty according to the statements of the victim and G, etc. who are the witness of the court below.
2. We examine the judgment, and examine the evidence duly adopted and investigated by the court below and the reasons for the judgment of the court below closely, we accept the decision that acquitted the facts charged of this case on the grounds of the circumstances as stated in the judgment of the court below, and there is no error of misconception of facts as alleged by the prosecutor, which affected the conclusion of the judgment.
The prosecutor's assertion of mistake is without merit.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.