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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the testimony of misunderstanding X X, account transaction details, employment contract, etc., it is recognized that the Defendant transferred money in the name of the salary to him and arbitrarily used it, even though the Defendant did not have worked as a cleaning agent for H Co., Ltd. (hereinafter “instant company”) listed in the attached Form 2 List of Crimes No. 2.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, four years of suspended execution, and 240 hours of community service order) is too uneasible and unreasonable.
2. Determination
A. The lower court determined that it is difficult to view that the remainder of the evidence submitted by the prosecutor based on the prosecutor’s respective legal statements of the lower court in T, U, V, X, AB, and AC was proven to the extent that there is no reasonable doubt that “AB and AC had not been engaged in cleaning work in the instant company, but the Defendant voluntarily transferred money in the name of the benefits to him/her.”
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① AB stated in the court of the court below that “The account in the name of the witness who received the benefits from the company of this case is the account created in order to receive the benefits while working in the company of this case and the money received from the company of this case is the payment for daily work” (the trial record No. 417 pages), and ② AC also stated to the effect that “the company of this case has served from 2011 to 201, and has served as a full-time employee from June 2014, and the deposit account in the name of the witness established in the Goyangnuri Saemaul Saemaul Bank will be used by the witness, and the money transferred to the above account is also received in return for work in the company of this case.”