The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor of the misunderstanding of the facts or the misapprehension of the legal principles, the lower court acquitted the Defendant on the charge of embezzlement of golf practice rent among the facts charged in the instant case, but did not err by misapprehending the legal principles or misapprehending the legal principles.

B. The sentence sentenced by the lower court against the Defendant (an amount of five million won) is too uneased and unfair.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts or misapprehension of legal principles is justified in holding that the court below constitutes a case where there is no proof of criminal facts as to embezzlement of golf practice rent among the facts charged in the instant case for reasons as stated in its holding, and there is a violation of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

B. The instant case is that the Defendant embezzled more than KRW 2400,000, and the nature of the offense is not somewhat weak in light of the content and result of the relevant crime.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and the present situation seems to have resolved the dispute related to the instant trade agreements through the settlement with the victim.

In addition, one defendant has no criminal records of the same kind.

Considering the above conditions unfavorable to or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing specified in the argument of this case, the sentence of the court below does not seem to be unfair because it is too unfasible.

Therefore, prosecutor's above 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 prosecutor's appeal is without merit. It is so decided as per Disposition.