The prosecutor's appeal is dismissed.

1. According to each statement of the victim E and the Director of the On-Site of the Reasons for Appeal, the Defendant is sufficiently aware that the Defendant, while taking charge of the settlement of the price with respect to the lease of equipment at the construction site executed by the victim, he/she used the equipment rent for F at his/her own discretion, and the Defendant’s statement contrary thereto is not consistent.

Nevertheless, the court below accepted the defendant's assertion and rendered a judgment of not guilty, which affected the conclusion of the judgment by misunderstanding the facts.

2. The lower court, on the grounds indicated in its reasoning, acquitted the Defendant on the ground that the evidence alone submitted by the prosecutor alone was insufficient to recognize the instant facts charged, and that there is no other evidence to

The reasoning of the lower court’s judgment and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant leased equipment from other construction business operators at the construction site of this case to the site and settled the amount received from the victim. In light of such circumstances, the Defendant is in the position of delivering the equipment cost simply.

There is room to deem that the Defendant was delegated with all the authority regarding the equipment leasing part rather than the former. ② After the completion of the construction, the Defendant is considered to have performed the duties of equipment leasing and paying the price in accordance with the above position, and the settlement agreement on the equipment leasing is concluded between the victim and the victim. After that, there was no other dispute between the victim and the victim until the F raises the issue of the price. ③ In this case, first, the Defendant filed a complaint against the Defendant, who is not the victim, on the ground of the non-payment of the equipment leasing fee, against the Defendant at first time.