The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the charge of special larceny among the charges of mistake of facts, according to the evidence submitted by the prosecutor, there is a criminal intent to acquire unlawful profits on the defendant.

full recognition may be accepted.

B. The sentencing of the lower court’s unfair sentencing (2 million won in penalty) is deemed to be too unhued and unfair.

2. Determination

A. The lower court, based on the circumstances indicated in its reasoning, found that the evidence submitted by the prosecutor alone with respect to a special larceny among the facts charged, has a criminal intent to obtain unjust enrichment from the Defendant.

It judged that there was a lack of recognition.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The Defendant had no record of criminal punishment in the Republic of Korea, and agreed with the victim.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.