The prosecutor's appeal is dismissed.

1. Summary of the facts charged in this case and the judgment of the court below

A. A. Around April 20, 201, the summary of the facts charged: (a) on September 30, 201, the Defendant agreed to use two containers of an amount equivalent to five million won at the victim E’s market value (hereinafter “the instant container”) between the victim E and the D restaurant located in the following City: (b) around September 30, 201, and (c) sold one of the instant containers to F at his own discretion, and embezzled it on April 2012.

B. The lower court determined that each statement made by the victim at the court of the lower court and the investigative agency on the ground that there was an agreement for return as stated in the facts charged between the Defendant and the victim is difficult to believe as it is in light of the content of each statement made by the Defendant and G and the content of the witness examination protocol submitted by the Defendant’s defense counsel, and there is no sufficient evidence to acknowledge otherwise. Thus, the facts charged in the instant case constitute a case where there is no evidence of crime, and thereby, acquitted

2. The summary of the grounds for appeal is consistent with the victim's free lease of the instant container at the cost of opening a restaurant and the defendant's arbitrary disposal of one of the instant container without notifying the victim. However, the court below rejected the credibility of the victim's statement and acquitted the defendant, thereby affecting the conclusion of the judgment.

3. Judgment of the court below

A. The key issue of the instant case is consistently from the investigative agency to the court of the trial at the trial, and it is reasonable for the Defendant to lend two containers of this case to the Defendant free of charge in return for the Defendant’s concession of road surface to the victim E in order to enable the Defendant to operate a cafeteria.