The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor (misunderstanding of the facts), the Defendant is suspected to have arbitrarily embezzled the funds of B Co., Ltd. (hereinafter “B”) on or around June 2016, and the Defendant does not receive money from the injured party in return for the borrowed money.

The fact that he/she received a total of KRW 283 million (hereinafter referred to as “the instant money”) six times from June 30, 2016 to July 15, 2016 from the injured party, such as in the list of crimes, from the injured party, and obtained a delivery of the total of KRW 283 million (hereinafter referred to as “the instant money”) may be fully recognized.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of judgment.

2. Judgment on the grounds for appeal by the prosecutor

A. The intent of defraudation, which is a subjective constituent element of fraud of the relevant legal doctrine, should be determined by comprehensively taking into account the objective circumstances such as the financial power of the accused before and after the crime, the environment, the details and details of the crime, and the process of transaction performance (see, e.g., Supreme Court Decision 94Do2048, Oct. 21, 1994). Meanwhile, the conviction should be based on evidence with probative value that leads to a judge to have a conviction that is beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it should be determined as the profits of the defendant, and the same applies to the recognition of the crime, which is a subjective element of fraud (see, e.g., Supreme Court Decision 2010Do6659, May 10, 2012) and the lower court’s judgment duly adopted and investigated by evidence and the following facts and circumstances acknowledged as the victim of the crime of embezzlement as the crime of this case.