The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal revealed that the victim returned 3.5 million won deposited by himself/herself from November 20, 2015 to request several times from the defendant, and that the victim continued to use a new bank account by using the e-mail card connected to the new bank account as the representative of the C Council, and after the victim became aware that he/she continued to use the e-mail card connected to the said account, it would have been sufficiently known that 3.5 million won deposited in the new bank was deposited by the victim. The defendant confirmed that the e-mail was not deposited by the above e-mail, and that the e-mail was not deposited by the victim. The defendant stated that the e-mail was "P" in the transaction details of the new bank passbook, but this stated that the defendant did not return the above money for a considerable period prior to the prosecution of this case.

Although the court below found the defendant not guilty, the court below erred in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is the representative director of the Council C (hereinafter “Council”) which is an incorporated association, and the victim D is the former representative director of the Council.

On October 30, 2015, the aggrieved party deposited KRW 3.5 million in a new bank account (G; hereinafter “new bank account of this case”) in the name of the Council of this case, using a check card in the name of the Council of this case, which was kept by the injured party, after receiving KRW 6 million from E as “F” as a support payment at the new bank (hereinafter “F”) location around the new bank (hereinafter “new bank account of this case”).

After that, the Defendant confirmed that KRW 3.5 million has been deposited while confirming the account of the instant Council at a non-permanent area around November 10, 2015.