The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant embezzled the victim by disposing of the above fact, although he was well aware of the fact that the victim did not permit the disposal of the joint facilities and boiler in this case.

Nevertheless, the court below acquitted the defendant of the facts charged, and the judgment of the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In light of the records and records, the court below's decision that acquitted the defendant of the facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant had a criminal intent of embezzlement, and it cannot be said that there was an error of mistake of facts as pointed out in the grounds for appeal. Thus, the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.