The prosecutor's appeal is dismissed.

1. The Prosecutor’s ground of appeal is that KRW 200 million debt against theO borne by G, a victim company G, was arbitrarily lent by K, a representative director, to the principal debtor. Thus, the above debt is ultimately K personal debt, which is ultimately an act of breach of trust against the victim company.

Nevertheless, the judgment of the court below that the defendant did not have any intention to acquire unlawful profits since the defendant arbitrarily executed the company's funds without due process after receiving K's request.

2. Determination:

A. The summary of the instant facts charged was the representative director of G Co., Ltd. (hereinafter “G”) for the purpose of distributing devices related to driving practice ranges in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul from October 22, 2012 to October 22, 2013.

On November 21, 2012, the Defendant, while keeping the public funds of the said company in the custody of the said company’s business, transferred KRW 280 million from the corporate bank account (H) in the name of the said company to the account of the Nonghyup Bank (J) in the name of the Defendant, the head of the said company. On November 22, 2012, 201, the following day, at the request of K to lend money from the said company, while withdrawing the money in the check and keeping it in the custody, the Defendant arbitrarily lent KRW 200 million from the said company’s public funds to the L (M) designated by K.

Accordingly, the defendant embezzled 200 million won of public funds of the victim company, which was in custody in the course of business.

(b) Markets:

A. The lower court acknowledged the following facts based on the evidence duly admitted and investigated.

1) Co., Ltd. G (hereinafter “victim company”)

(2) On May 16, 2012, K entered into a contract with K on sale of the entire shares issued by the victim company to KRW 210,000,000,000,000,000,000,000,000,000 won.