The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, but erred in the misapprehension of legal principles as to erroneous determination of facts and intention of unlawful acquisition.

2. Determination

A. Around November 19, 2018, the Defendant found that the victim D was lost in cash 2,340,000 won around the road located in Seo-gu Busan, Seo-gu, Busan, around November 19, 2018.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. The lower court found the Defendant not guilty of the charges of this case on the grounds that the evidence submitted by the prosecutor alone insufficient to recognize the Defendant’s intent of unlawful acquisition, solely on the following grounds: (i) the time between the Defendant and the Defendant acquired the victim’s wall (hereinafter “the instant wall wall”) and then returned the victim’s wall; (ii) the Defendant did not have made efforts to find the owner immediately after acquiring the wall of this case; (iii) there is no circumstance to deem that the Defendant confirmed the money on the instant wall; and (iv) the Defendant’s entry of the instant wall into the Defendant’s wall into the Defendant’s wall after the Defendant’s earth is not lost; and (iv) it is difficult to conclude that the Defendant had to have the above wall.

C. The burden of proving the facts charged in a single criminal trial for the decision of the trial court is the prosecutor, and the conviction is true to the extent that the judge is not able to make a reasonable doubt.