The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment, although the defendant could sufficiently have sold the game machine transferred to the victim G as shown in the facts charged and embezzled it to another person.

2. Determination

A. A. Around August 2014, the summary of the facts charged: (a) the Defendant, along with E and F, invested money in the Defendant’s game machine sales business at the “D Gameland” of the 1st floor of Ansan-si, Ansan-si; (b) provided 60 game seasons; (c) provided the above places; and (d) provided that F will operate and call-out games; and (e) provided that profits from the operation of the game room are 50%; (e) 25%; and (e) provided that F will operate the game room jointly.

On September 25, 2014, the Defendant sold 60 billion won of the instant “D Gameland” to the victim G in the “D Gameland,” and the Defendant offered a place for the game room and operated the game room by the victim G by providing the said game machine. On September 25, 2014, the Defendant requested the storage of the said game machine by the victim as the operation of the said game room was completed.

On September 26, 2014, while the Defendant kept 50 out of the above game machine for the victim, the Defendant sold 50 out of the above game machine to the name in favor of the victim who operated the "J game room" located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and sold the remainder of 10 to the name in favor of the victim.

Accordingly, the Defendant embezzled the property equivalent to KRW 70 million owned by the victim.

B. The lower court determined based on the evidence duly adopted and examined by the lower court, that is, the following facts.