The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim was prohibited from selling the credit card device (hereinafter “instant device”) supplied free of charge by the initial age information and communication company (hereinafter “NS Information and Communications”), and that it cannot be said that the defendant was delegated with the handling of affairs involving receipt and payment of money, and that the victim immediately brought about the price when the device is sold, the amount to be returned to the victim should be considered as the full amount of the device sales. Thus, the court below acquitted the defendant of the facts charged despite the fact that the defendant committed the crime of occupational embezzlement. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is the victim C is a person who is supplied with a credit card device from age information and communications and is engaged in the business of selling and lending credit card terminals. On February 3, 2011, the Defendant agreed that the Defendant will return the cost of the credit card device to the victim in cases where the credit card device is sold.

On October 5, 2011, the Defendant: (a) installed a credit card device delivered from a victim at a private teaching institute, Yangcheon-gu Seoul, Seoul, Da 504, and sold to F; (b) sold KRW 350,000,000 for the credit card device cost to be returned to the victim; and (c) embezzled the cost of the credit card device to be returned to the victim on behalf of the victim on his/her job; (d) used the cost of living expenses, etc. at around that time; and (e) embezzled it on behalf of the victim on behalf of the victim;