The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

A. According to the evidence submitted by the prosecutor, the victim held 1/6 shares of the maximum debt amount of 600 million won as to the part of the auction property auction case of Youngcheon District Court Youngcheon Branch Q&T branch. 24,498,074 won in the dividend procedure of the above auction procedure, 12,249,036 won in the above 24,49,074 won was distributed to the victim or M, and 12,249,036 won in the above 24,498,074 won was distributed to the victim or the victim, and the above 24,498,074 won was deposited with the same court 2014,400 won in 2014,249,036 won received from the victim on behalf of the victim, and each of the above 2014,24,504,80,981, 206, 2016 each of the above deposited money received from the victim.

B. The Defendant testified to the effect that he did not immediately return each of the instant deposits because he agreed with interested parties, such as provisional seizure creditors and collection creditors, and that he did not return them to the victim. The lower court accepted the Defendant’s vindication and acquitted the Defendant of the instant charges.

However, the dividend deposited in the year 2014 No. 400 was distributed to the victim, L, and M, as it was originally distributed to the victim, L, and others, and there is no reason to conclude an agreement on distribution with them since they were not related to L and others. Moreover, L and M recovered the entire amount of their claim in the above auction procedure through a lawsuit of demurrer against distribution. Thus, the victim is the victim with respect to the deposit