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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts), the court below found the defendant not guilty of the facts charged of this case on the ground that there is no evidence to acknowledge the fact that the defendant conspireds with A that he embezzled the victim's money.
2. According to the records of this case, the defendant found the pawnba that may lend money as security upon Gap's request and inform A of this fact (Evidence Nos. 250). The defendant received commemorative coins from the defendant and transported it to the pawnba, and during that process, entered the type and quantity of commemorative coins in the paper and delivered it to the victim (Evidence Nos. 17, 291 page), the fact that the defendant is recorded as the debtor (Evidence Nos. 22 of the evidence record), and the fact that the defendant was placed as the debtor (Evidence Nos. 22 of the evidence record), at the time of investigation by the police, the defendant lent the pawnba that he borrowed money to the defendant and the victim, and he stated that he was only driving to transport commemorative coins (Evidence No. 64 of the evidence record).
However, under the following circumstances, J, which lent money as security, directly to A at the time of the instant case, provided the money borrowed and sent it to A (the trial record of 86,96 pages), and A provided it as security and received the money borrowed from the prosecutor’s investigation to the fact that it voluntarily prepared the certificate of goods custody.
Comprehensively taking account of the facts consistently stated (the evidence record 251 pages, 111 of the trial records), the Defendant embezzled the victim’s money in collusion with A, and forged and exercised a certificate of custody of goods in the name of an unauthorized person I.
It is difficult to readily conclude, and there is no other evidence to acknowledge it.
Therefore, since the court below did not err by mistake of facts, the prosecutor's assertion is without merit.
3. Conclusion, prosecutor.