The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below acquitted the defendant of this part of the facts charged on October 12, 2009, and November 29, 2009, each embezzlement of 6.6 million won from the victim to the account under the name of P for the purchase price, and February 3, 2010, and March 4, 2010, and the victim remitted a large amount of money to the defendant several times after September 14, 2009. The victim merely wired the money to the defendant for the purpose of embezzlement even after September 14, 2009. However, the court below acquitted the defendant of this part of the facts charged, although it did not include the money embezzled solely because the victim's remittance was due to the exhaustion and consumption of the money after that, the court below acquitted the defendant of this part of the facts charged.

B. In light of all the circumstances, including the fact that it is difficult to view that the Defendant embezzled the unreasonable sentencing amount of KRW 28,40,000,000 as the Defendant used for the victim, the sentence of imprisonment [eight months of imprisonment and two years of suspended execution (old: 10 months of imprisonment] imposed by the lower court is too unreasonable.

2. Summary of this part of the facts charged and the judgment of the court below

A. The summary of the facts charged is as follows: (a) the Defendant received KRW 84.5 million from the Victim H to the account under the name of the deposit for purchase of the Nomline, etc. on August 25, 2009; and (b) received KRW 6.6 million from November 3, 2009 to the account in the name of P; and (c) the Defendant’s father received the Defendant’s repayment of his/her obligation to K to the Defendant’s father on October 12, 2009; (d) KRW 1.5 million around November 3, 2009; and (e) KRW 1.5 million around November 29, 2009; and (e) KRW 1.5 million around February 3, 2010; and (e) KRW 1.5 million around March 4, 2010.