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The prosecutor's appeal is dismissed.
Reasons
1. In light of the circumstances where a person who suffered from the gist of the grounds of appeal is responsible for the Defendant, the victim should be deemed to have entrusted the Defendant with the sale of books, and thus, it constitutes embezzlement where the Defendant arbitrarily consumed the sales proceeds entrusted to him/her.
Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which acquitted the defendant.
2. The court below held that the defendant's legal statement in the court below, victim's legal statement in the court below, victim's statement in the court below, victim's statement in the police statement, suspect interrogation protocol against the defendant, etc., purchased from the defendant a third party's illegal act (total of 67 rights, hereinafter "the book of this case") and demanded return and refund, and the defendant accepted the defendant's demand that "I would promptly sell the book and deposit KRW 3,50,000,000,000 won." In light of these facts, the defendant and the victim agreed to cancel or cancel the sales contract, and the evidence submitted by the prosecutor alone concluded the sales contract of this case with the victim as to the bill of this case.
Since it is insufficient to recognize that the defendant is in the custody of embezzlement.
The defendant used the sale price of books with intention and intent of unlawful acquisition, and the defendant used it.
It is difficult to see
The decision was determined.
The reasoning of the judgment of the court below is as follows: ① the victim purchased books from the defendant who is not a book producer on October 1, 2015, and paid the purchase price to the defendant; ② at the time, the victim purchased the books in the form of Tong and Madern currency together with the book, ② before the delivery of the book, the victim demanded the return of the book of this case to the defendant; ③ the purchase book purchased by the victim was delivered to the victim on October 19, 2015, after 18 days from the date of the sales contract; and the victim was on the day.