The prosecutor's appeal is dismissed.

1. The complainants of the grounds for appeal do not state to the defendant the intention to transfer the ownership of the horse E, which is racing, and therefore the ownership of the horse is in the I Agricultural Association for the operation of the complainant who paid the purchase price (hereinafter “I”).

The defendant and complainants who had been registered in the name of the defendant F in the name of the defendant's wife in accordance with the implied agreement on other racing boats owned by the defendant and the complainants, refers to racing money acquired by the relevant racing racing by participating in the racing of the racing.

As long as the E was distributed, it should be deemed that the aforementioned implied agreement is maintained even for E.

Nevertheless, the judgment of the court below which acquitted the defendant, is erroneous by misapprehending the legal principles.

2. Determination

A. Since the principal agent of embezzlement is a custodian of another’s property, and the custody here means the possession of property through a consignment relationship, the principal agent of embezzlement must have legal or de facto consignment relationship between the custodian of the property and the owner of the property in order to constitute embezzlement.

(see, e.g., Supreme Court Decision 2009Do9242, Jun. 24, 2010). Meanwhile, the recognition of criminal facts in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to a reasonable doubt, to the extent that there is no room for a reasonable doubt.

Therefore, in a case where the prosecutor’s proof does not reach the degree of such conviction, the interest of the defendant should be determined even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2010Do16628, May 13, 2011). B.

The lower court determined as follows on the basis of various circumstances recognized by the evidence duly admitted and investigated.

(1) The complainant, J and the defendant are either registered as to whether they will transfer to the defendant free of charge or as to the existing name of the defendant.