The prosecutor's appeal is dismissed.

1. If the substance of the grounds for appeal did not settle the distribution of profits and losses among the partners, one of the partners is not entitled to dispose of the partnership property belonging to the industrial businessmen's partnership at will. Thus, if one of the partners arbitrarily embezzled while keeping his/her partnership property, the crime of embezzlement is established as to the whole amount embezzled at will regardless of the share ratio. According to the evidence submitted by the prosecutor, there was no conclusive agreement between the defendant and D on the termination of partnership business relationship, and the defendant's failure to properly implement the agreement on the return of investment funds unilaterally proposed by the defendant was null and void. The defendant knew of the fact that he/she disposed of a restaurant to a third party, received a lease deposit and facility price, but it was sufficiently recognized that he/she consumed it individually, the court below acquitted the defendant of this case, and erred by misapprehending the legal principles, thereby adversely affecting the conclusion

2. Determination

A. On February 26, 2010, the Defendant jointly invested 100 million won with the victim D, respectively, and agreed to operate a restaurant on the first floor of Jongno-gu Seoul, Jongno-gu, Seoul, to operate a restaurant. On March 25, 2010, the Defendant entered into a lease agreement with F and 130 million won, a building owner under the joint name of two persons, on March 25, 2010.

However, on June 19, 2012, the Defendant: (a) drafted a lease agreement under the sole name of the victim without the consent of the victim; (b) terminated the lease agreement in agreement with F, the owner of the building to terminate the restaurant business at the above place on February 28, 2013; and (c) sold the restaurant equipment, etc. to F, to the said F, with a view to selling the restaurant equipment, etc. at KRW 170 million; (d) obtained KRW 140,000,000 from the deduction of public charges, etc. sealed in the course of the Defendant’s sole business as the refund of the lease deposit and the sales