The prosecutor's appeal is dismissed.

1. According to the statement of H and I in line with the summary of the grounds for appeal, and the consignment contract for the resource collection business between the Defendant and E, in full view of the following facts: (a) although the Defendant is unable to re-entrusted with the business entrusted, it is re-entrusted to H; and (b) the Defendant appears to have used KRW 60 million out of the KRW 100 million paid by H for personal purposes, the instant facts charged is proven.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. The summary of the facts charged did not have concluded a contract with C Standing Chairperson D on recycling resources, such as the clothes, and there was no discussion with each other on the relevant business, and there was no commitment to the quantity of clothes that can be specifically supplied. The content of the business was not directly collected and provided to E at the C Council, but also introduced the church that can directly provide the clothes at the C Council, and it was received directly from the said church in contact with E, and thus, it could not be predicted how to receive the clothes from individual teachers at the beginning of the Hunting Project, and even if it could not be predicted how much possible to receive the clothes from the individual teachers at the start of the Hunting Project, it was possible to successfully order the collection of clothes at the start of the Hunting Project.

Nevertheless, the Defendant’s conclusion of an entrustment contract with E on the collection of recyclables is friendly with D pastors, and the Defendant becomes the subject of the business that directly collects 1,000 tons or more of dedicated clothes with C by receiving a full-time business support agreement, thereby promoting smooth implementation thereof. Therefore, it would be possible to collect 1,00 tons or more per year and supply them at low prices for a certain period of time.