The prosecutor's appeal is dismissed.

Summary of the facts charged of this case

A. On March 5, 2008, the Defendant deposited the funds of the victim company in the deposit account (E bankF) of the victim company C (hereinafter “victim company”) at the office of the Co., Ltd. (hereinafter “B”) on March 5, 2008, and embezzled them by depositing KRW 100 million in the B’s deposit account in the name of loan and using them in mind during the course of business keeping the victim company for the purpose of the loan, and as indicated in the list of crimes (1) of the judgment of the court below (hereinafter “crime list (1) as shown in the attached Table of the judgment of the court below (hereinafter “crime list”) from February 29, 2008 to July 7, 2009.

B. On July 30, 2008, the Defendant embezzled 500,000,000 won in total from July 31, 2009 to July 31, 2009 by withdrawing 50,000 won as a loan to “AY GabC” (hereinafter “GBC”) operated by the Defendant in the course of business keeping the funds of the victim company in the office of the said B, and by using it at GrabC’s expense, and embezzled it from July 31, 2009 as indicated in the attached list of crimes (hereinafter “crime list (2) of the judgment of the court below”).

C. On April 29, 2008, the Defendant deposited the funds of the victim company into the deposit account (E bankF) of the victim company at the office of the above B on April 29, 2008, and withdrawn KRW 2.5 million as the provisional payment to the Defendant while carrying out the business for the victim company. The Defendant’s vehicle registration fee is the Defendant.