The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (not-guilty part) is that the funds of the victim company used by the defendant are strictly restricted to be used only for the operation of the victim company, and that the defendant used the above money without any data to confirm the place of use in the account book. The defendant withdraws the money of the victim company to be used for personal purposes and uses the corporation card.

Therefore, despite the recognition of embezzlement and occupational breach of trust against the defendant, the judgment of the court below which acquitted the defendant on the charge of occupational embezzlement and some occupational breach of trust among the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The prosecutor bears the burden of proving the criminal facts prosecuted in a single criminal trial, and the conviction shall be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant (see Supreme Court Decision 94Do3309 delivered on April 12, 1996). The court below found the defendant not guilty of the charge of occupational embezzlement and some occupational breach of trust among the facts charged in this case with detailed explanation of the reasoning for the judgment. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone proves that this part of the facts charged is beyond a reasonable doubt.

Therefore, the lower court’s judgment that acquitted the Defendant of this part of the facts charged does not seem to be unlawful, as otherwise alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered.