Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles have obtained consent from the victim’s family members to use the veterans’ pension in the name of the victim in return for leaving the victim to the welfare facilities for the disabled. Therefore, the crime of embezzlement is not established.

(2) The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (1) the victim's words F and G requested the management of the veterans pension for the use of the victim for the purpose of use by the victim, and (2) the defendant used the victim's monthly pension through cash withdrawal or transfer of the victim's monthly pension to the head of the Dolary Work Center for the Disabled Persons with Disabilities, the head of the Dolary Work Center for the Disabled Persons with the Disabled Persons, the head of the Dolary Work Center for the defendant's head of the NA, and the head of the N. (3) The defendant's account details (Evidence No. 2-268 of the evidence record) are deemed to have used the victim's veterans pension due to the defendant's living expenses and credit card payment, and there is no other evidence to deem that the victim was used for the victim's livelihood, regardless of its purpose or purpose, it can be acknowledged that the defendant arbitrarily used the facts of embezzlement.

Therefore, we affirm and accept the judgment of the court below that convicted the defendant in the same purport, and find out any error of law by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment, even if examining records.