The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below erred by misapprehending the facts and acquitted the defendant on the charge of embezzlement, even though the defendant could sufficiently recognize that he worked for the E accounting operated by the victim D, and without accurate entry in the computer book, he voluntarily remitted the sum of KRW 13,518,700 from the victim’s account to the defendant’s name six times.

2. Determination

A. The summary of the instant facts charged was from May 2006 to October 2009 by the Defendant, while serving as accounting staff from the agricultural product seller E in the operation of the victim D from around May 2006 to around October 2009, and was in charge of the collection of funds, arrangement of books, adjustment of purchase sales, etc.

On December 26, 2008, the Defendant embezzled the sum of KRW 13,518,700,000, from around six times until October 23, 2009, the sum of the money owned by the victim who had been kept in business by the Defendant from the national bank account in the name of the Defendant to the corporate bank account in the name of the Defendant, and then arbitrarily used the said money without entering it in the computer account book, as shown in the attached list of crimes, from the time to October 23, 2009.

B. The lower court determined as follows, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated, i.e., (i) the details of transfers from the victim’s account to the Defendant’s account; (ii) the payment by the customer after the transfer from the victim’s account to the Defendant’s account; or (iii) the details of transfers made from the Defendant’s account to the Defendant’s account; and (iv) the victim also appears to have used the Defendant’s cash card as necessary, such as withdrawing the cash of the Defendant’s account from the Defendant’s account from the Plaintiff’s account to the Busan Bank, which is located near the victim’s place of residence, at the night.