The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where the defendant alleged the misunderstanding of the facts as to the acquittal portion failed to explain his/her whereabouts or location of use, or where there are lack of evidence to prove that he/she was used in the place of use claimed by the defendant even though he/she had no money in his/her custody on his/her commission, and there are more reliable evidence to prove that he/she was used in the place of use as his/her personal use, the intention of unlawful acquisition

Even if there are no difficulties in recognizing the intention of illegal acquisition, and comprehensively taking account of the evidence submitted by the prosecutor, it can be inferred that the defendant embezzled the property of the branch prior to the victim G, which he had been in custody, with the intention of unlawful acquisition.

However, the lower court acquitted the Defendant of this part of the charges on the ground that it is insufficient to recognize that the evidence submitted by the prosecutor alone embezzled the money with the intent of illegal acquisition, while determining that some of the money recorded in the facts charged was used for the work of the branch of G for the remaining branch of G and the remaining money was used to repay the Defendant’s obligations to the Defendant.

Therefore, the judgment of the court below in this part is erroneous in the misapprehension of facts and legal principles, which affected the conclusion of the judgment.

B. The lower court’s punishment (two years of suspended sentence for one year’s imprisonment) is too unhutiled and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged in detail, stating the grounds for the determination on the assertion of mistake of facts.

In light of the record, the evidence submitted by the prosecutor alone that the defendant embezzleds the victim's property with the intent to acquire unlawful property as stated in this part of the facts charged.

It is difficult to readily conclude.

Ultimately, this part of the facts charged is proven to the extent that there is no reasonable doubt.

§ 23.