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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (misunderstanding of facts) G stated that “the Defendant would transfer the value of pine trees and the cost of planting trees to himself.”
In full view of the facts consistently stated to the purport that “the Defendant, even after receiving the value of pine trees from G, did not immediately transfer it to G or F, and the Defendant transferred it to F 10 days after the lapse of 10 days, the Defendant can recognize the fact that he stolen pine trees owned by F with the intention of unlawful acquisition. As such, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. The court below stated the reasons in detail. ① the Defendant was provided with the cost of planting trees at the request of C and G, and transferred the pine trees to G’s family, and it appears that the Defendant thought that there was an agreement between C, G and F on the purchase of pine trees, and that he transferred the pine trees according to G’s instructions. ② Even though KRW 400,000 was deposited into the Defendant account, it appears that the Defendant’s request to transfer the cost of planting construction to his own account was due to the mistake that the Defendant would also transfer the cost of planting construction to the Defendant, and thereafter, the Defendant transferred the cost of planting construction to F. ③ Upon receiving the inquiry from G at the planting site, C transferred the F.5 pine trees owned through the Defendant to the family of G. In light of the fact that communication disorder appears to have been caused by C, this case is difficult to recognize that there was an error in communication between G and the Defendant, and that there was an error or obstruction in communication between G and the Defendant.
The decision was determined.
In a thorough examination of records, the above determination by the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.
It does not seem that it does not appear.
3. Conclusion.