The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal consistently stated that the victim voluntarily released money from the passbook of the victim, and despite the credibility of this statement, the judgment of the court below did not believe it and pronounced not guilty on the defendant. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. As shown in the facts charged in the instant case, the victim’s statement in the lower court, the police interrogation protocol copies of the victim’s interrogation protocol, and the police interrogation protocol copies of the victim’s statement, and the victim’s accusation are written. The purport of the provision is that the victim was expected to drink with the employees of the company on November 18, 2012 when the victim was expected to drink with the victim, the Defendant left the head of the passbook to the Defendant who prepared for the business of “E”, which would cause the loss of the head of the passbook, and then withdrawn money from the said head of the passbook. The Defendant was able to withdraw money from the said head of the passbook. The Defendant’s withdrawal of money was because the password was written on the front of the said head of the passbook, and the Defendant did not withdraw money with the victim’s consent.

In addition, the prosecutor argues that even if November 18, 2012 is Sundays, the defendant could have a drinking house operated by him for business preparation, and ② the victim stated a password on the front of another passbook used by him/her, so it cannot be viewed as an exceptional because he/she stated it in the front of another passbook, and ③ the defendant issued a passbook with "the victim wanting to use". Thus, the defendant asserts that there is credibility of the victim's statement in that there is no reason to return the money used to the victim.

However, according to the records of this case, ① On November 18, 2012, it is Sundays, and the company employees and the meeting is held on Sundays, unless there are special circumstances.