The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant was aware of the fact that the Defendant was the rebates received 3.6 million won (hereinafter “the instant money”) from G, or could sufficiently be recognized that there was any negligence in relation thereto at least, but the lower court acquitted the Defendant of the facts charged.

2. The evidence duly adopted and examined by the lower court and, in particular, the Defendant had been unaware of whether the instant money was rebates from an investigative agency to the lower court’s trial.

Examining the lower judgment in light of the circumstances such as the testimony of the witness of the lower court and the fact that it conforms to the objective circumstances favorable to the Defendant, the lower court is sufficiently acceptable to have rendered a not-guilty verdict on the facts charged on the grounds as indicated in its holding, and there is an error of law by misapprehending the facts alleged by the public prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.