The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: According to the statement of misunderstanding of facts F, it is recognized that the defendant embezzleds property owned by the victim's clan as stated in the facts charged, and even if he used the property owned by the clan with the consent of the deceased H, such as G's statement, the use of the money owned by the clan for personal purposes without the resolution of the general meeting of the clans constitutes embezzlement, and thus, the

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misconception of facts.

2. Determination

A. In the crime of occupational embezzlement, the prosecutor bears the burden of proving the existence of embezzlement as an act of realizing the intent of unlawful acquisition, and such proof should be based on strict proof that makes the judge not having any reasonable doubt, and if there is no such proof, there is room for guilt against the Defendant even if there is no such proof.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decisions 2007Do9318, Aug. 21, 2008; 2010Do9627, Jul. 14, 2011). (B)

In full view of the following circumstances, the evidence duly admitted and examined by the court below and witness G, the evidence submitted by the prosecutor alone is insufficient to acknowledge the intention of unlawful acquisition, and there is no other evidence to acknowledge it, and the judgment of the court below that acquitted the facts charged of this case is just.

Therefore, the prosecutor's argument of mistake is without merit.

1) The Class B Association of Korea (hereinafter “the instant Order of Korea”) refers to:

(2) Since its formation in the early 1990s, the first meeting of the clans of this case was operated with the nature of an organization similar to a clan in the actual course of the defendant's role as a chairperson, without prescribing the rules, the operation of the assembly, etc., within 2014.