All appeals by prosecutors are dismissed.

A. According to the evidence submitted by the prosecutor, the Defendant was loaned on behalf of the company for the following reasons: (a) misunderstanding of the facts or misunderstanding of the legal principles; (b) Embezzlement as to the embezzlement of public funds which pretended to borrow partner loans among the acquitted portion

The act of withdrawing money from the company's public fund account under the name of payment of interest on the above loan, etc., unless the loan or loan is merely personal use, or the fact of the loan itself is unclear, and the defendant fails to provide reasonable explanation thereon, constitutes embezzlement.

2) Of the non-guilty portion of the lower judgment, as to embezzlement of public funds in the name of the settlement of personal card payment, according to the evidence submitted by the Prosecutor, there was an implied consent of the victim on the Defendant’s payment of the card price for personal use as public funds of the company.

Therefore, the defendant's credit card payment act constitutes embezzlement.

Nevertheless, the lower court found the Defendant not guilty of each part of the facts charged.

② As to the guilty portion of the judgment below, the insurance of this case was not merely purchased on behalf of the Defendant, but merely purchased a public account upon the request of the customer for H, a joint principal of the Defendant and the victim, and paid the insurance premium with the company’s public funds. Therefore, the court below erred by misapprehending the legal principles on the intent to illegally obtain and obtain the company’s public funds or by misapprehending the legal principles.

B. The punishment sentenced by the lower court (a two-months of imprisonment, a two-year period of suspension of execution, and a community service order of 160 hours) is too heavy or (a) it is too heavy to (the prosecutor).

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The prosecutor bears the burden of proving the facts charged in a criminal trial against the prosecutor’s assertion (misunderstanding of facts) and the conviction is recognized.