The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal E did not have worked in victim D Co., Ltd. (hereinafter “victim”), the lower court acquitted the Defendant on the ground that the lower court erred and acquitted the Defendant.

2. Determination

A. The Defendant, as an internal director of the victimized company located in the Guro-gu Seoul Metropolitan Government building C from November 1, 2012 to September 19, 2014, is a person who has overall control over the management, execution, accounting, etc. of funds of the victimized company.

On November 15, 2013, while managing a bank account in the name of the victimized company under the name of the victimized company, the Defendant embezzled KRW 2,059,583 on the same day as the Korean bank account in the name of E, and embezzled KRW 1,913,913,913,913 on January 15, 2014, and KRW 1,910,683 on February 14, 2014 by remitting KRW 7,742,652,652 on the same day to the Korean bank account in the name of E in the name of the victimized company under the name of the victimized company.

B. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the ground that the evidence presented by the Prosecutor alone did not prove that the Defendant embezzled the money by means of transferring the money from the damaged company’s account to the E in the name of payment, although the Defendant did not actually work in the victimized company.

If the judgment of the court below is duly adopted and compared with the evidence examined by the court below, the above judgment of the court below is just, and there is no error of mistake of facts as alleged by the public prosecutor.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25 of the Regulation on Criminal Procedure, H, I, J, K, and L were all the internal duties of the 19th sentence of the decision of the court below ex officio in accordance with the Article 25 of the Regulation on Criminal Procedure.

The investigation records No. 269, 271 pages.