The prosecutor's appeal is dismissed.

1. In full view of the following: (a) the Defendant appears to have received the difference from the tenants of the instant building until July 24, 2016; (b) the Defendant is obligated to pay the electricity fee to H until it completely exceeds the electric utility contract; (c) the Defendant was aware of the fact that the unpaid additional electricity fee will be imposed at the time of settling the electricity fee; and (d) the Defendant appears to have agreed to pay the unpaid electricity fee to the victim’s employees as of July 28, 2016, as of July 28, 2016; (b) the Defendant could be recognized as having committed a breach of trust; (c) the Defendant explained that he owns the health appliances as the Defendant at the time of establishing the collateral transfer; and (d) the details of the Defendant’s payment of the health appliances are not clear, and thus, the Defendant constitutes a person who administers another’s business, and thus, constitutes a person who administers another’s business.

2. The lower court determined as follows: (a) around June 6, 2016, which was acknowledged based on the evidence duly adopted and examined by the lower court; (b) the following circumstances acknowledged by the Defendant based on these evidence; (c) the point at which only some of the electricity charges of KRW 35 million (from June 1, 2016 to June 6, 2016), which is the property damage under the instant facts charged, occurred; and (b) the Defendant was presumed to have paid the instant healthcare equipment and goodwill, etc. to H on June 6, 2016, at the same time as the electricity charges that the Defendant would have to pay to H were transferred to H; and (d) the unpaid electricity charges that the Defendant requested by the injured party, in fact, had not been damaged on the injured party, been paid by H; and (e) the unpaid electricity charges that the Defendant requested by the investigative agency on November 1, 2015, which could have been transferred to the Defendant with the right to retention at issue.

There has been electric charges that occurred until June 23, 2015 by the victim.