The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal submitted by the prosecutor (public prosecutor) the fact that the defendant embezzled the amount of goods collected from the customer of the victim corporation D (hereinafter “victim”) but the court below acquitted the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The summary of the facts charged is that the Defendant entered F in the wholesale and retail chain of fishery products operated by E in 2003 and entered the damaged company for the purpose of wholesale and retail of fishery products. Around December 2, 2003, E became a member of the damaged company, and thereafter was engaged in the business of supplying and receiving the damaged company’s customers and securing customers from the branch of the victimized company located in Seo-gu, Busan to November 201.

The defendant, a real operator of the damaged company, has a head office of 2607, Seo-gu, Busan, Seo-gu, in order to conduct the business of exporting and importing frozen fishery products, and to perform the business of supplying fishery products and securing customers to restaurants in Busan, etc., and even before January 2007, the defendant deposited only part of the amount into the damaged company's corporate account or cash, and deposited it into the damaged company for personal use, and the remaining amount was difficult to consume. In order to facilitate embezzlement of the price of goods from the damaged company, the defendant started to conduct the business as if he supplied fishery products to the customer of the victimized company in I, not the victimized company, by making the name and name of the victimized company from January 207, 207, and by making it possible for I to deliver fishery products to the customer of the victimized company.

On January 15, 2007, the amount of KRW 780,000 is deposited in the Busan bank account in the name of the defendant from the J-cafeteria, which is a customer of the victimized company, and the next day of the month.