The prosecutor's appeal is dismissed.

1. In full view of all the circumstances revealed by the evidence presented by the Prosecutor’s summary of the grounds for appeal, the Defendant did not agree with the victim regarding the use of the oil purchase credit card received by the victim for the purpose of the Defendant’s living expenses, etc. before the crime of this case, and used the card for personal purposes such as living expenses, etc. without prior agreement on the settlement of accounts, and without notifying the victim of the accurate details of the use, it can be acknowledged that the Defendant was using the card for personal purposes, such as the amount of living expenses, by obtaining the deduction from the amount less than the actual amount of use.

Thus, even though the defendant should not use the above card as oil secret, he was used for personal purposes such as living expenses without the victim's permission, and even if so, he was settled after being used as a personal secret.

Even if that amount is a part of the card, it can be recognized as illegal acquisition intention by the defendant.

However, the court below found the defendant not guilty on the ground that there is no proof of the crime as to the remaining facts charged of this case, which held that the defendant cannot be found guilty, and there is an error of law by misunderstanding the facts or misapprehending the legal principles, which affected

2. Determination

A. The summary of the facts charged was from October 1, 2016 to March 30, 2017, the Defendant served as cargo vehicles from “D” operated by the victim C as cargo vehicles.

On October 2016, the Defendant received from the victim C a cargo transport welfare card (E; hereinafter “E”) of the victim’s name from the victim for the payment of oil non-payment arising from the transportation of cargo vehicles from the victim C, and two copies of our bank freight transport welfare card (G; hereinafter “2 card”) of the former spouse of the victim, and the above card.