The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal in the lower court’s judgment is that the Defendant disposed of the instant medical device without permission, and embezzled the instant medical device without permission, in full view of the victim’s statement and written agreement, the intent of the first statement in the lower court was not to allow the disposition of medical devices, but to extend the payment deadline for the remainder as determined

It is reasonable to view it.

Nevertheless, the court below erred by misapprehending the facts, thereby making a mistake of not guilty of the facts charged in this case.

2. According to the evidence duly adopted by the judgment of the court below as well as the statement of the witness I at the investigation stage and the statement of the witness I at the court below, I, the representative of the victim H, impliedly allowed the Defendant to sell the medical device of this case to another person even before paying the balance to the victim, or at least the Defendant allowed I to do so.

It is reasonable to regard it as a perception.

We do not accept the prosecutor's assertion of mistake.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.