The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was pointed out in the ordinary half-yearly audit in 2008 that the Defendant had no accounting such as receipt processing and disbursement details when using the commission fee for the mutual aid business, and that the Defendant arbitrarily used the commission fee for the mutual aid business without compiling it in the cooperative budget even though the Defendant should have the revenue of the commission fee for the mutual aid business, and that the Defendant paid the commission fee for the mutual aid business from the election of the president of the cooperative with its own charity and revolving expenses.

In full view of the fact that the Defendant made a statement, the lower court acquitted the Defendant on the charge of the commission fee of the instant mutual aid service, despite the Defendant’s intent to acquire unlawful profits at the time of arbitrarily using the commission fee of the instant mutual aid service.

2. On the grounds stated in its reasoning, the lower court determined that the Defendant embezzled the commission fee of the instant mutual aid business by unlawful acquisition intent solely based on the evidence submitted by the prosecutor.

It is difficult to see otherwise, and on the ground that there is no other evidence to acknowledge this, the Defendant acquitted this part of the charges.

In light of the circumstances properly explained by the court below, the decision of the court below is just and acceptable, and there is an error of law of misunderstanding facts, such as the prosecutor's assertion, in light of the following: (a) the details of the use of the commission fee for the mutual aid business in this case submitted by the defendant in the court of the court below and the supporting materials are considerably specific and detailed (p. 543-1131 of the trial record); (b) there are no particular materials to suspect objectivity and authenticity.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

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 decided as per Disposition.