The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal stated that the Defendant brought all the damaged clothes to the police after January 16, 2017 in the police investigation, the victims worked normally until January 20, 2017, but confirmed that the damaged clothes were stolen on February 3, 2017, and the Defendant recognized the fact that the Defendant had 1 punishment for red flaps since January 16, 2017, and there is room for other clothing to have taken place at the same time, based on the evidence submitted by the prosecutor, the Defendant can be fully convicted of the facts charged in the instant case.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the charges of this case.

2. Determination

A. The summary of the facts charged in the instant case was from around December 2016 to operate a mutual clothes store with the victim D and the victim E in the Mapo-gu Seoul Metropolitan Government 1st floor with the victim D and the victim E. However, while the Defendant was suffering from deterioration due to the distribution of stores, etc., the relationship was actually terminated on January 16, 2017.

Accordingly, the victims who were in charge of the actual sales in the above store were closed from January 20, 2017.

On January 20, 2017, the Defendant opened the above store door and opened the store as key in advance from around 12:00 to around 19:00 on January 22, 2017, and opened the store. Pursuant to 100,000 won of the victim’s market value, the Defendant shall be 10,000 won of the market value, 200,000 won of the market value, 12:0,000 won of the cark 10,000 won of the market value, 40,000 won of the market value, 12:0,000 won of the 40,000 won of the market value, 12:0,000 won of the remaining 10,000 won of the market value, 10,000 won of the 60,000 won of the 40,000 won of the market value, 1.5,50,000 won of the market value (including the 1.