The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the prosecutor is as follows: ① As to the acquitted portion of the judgment of the court below, insofar as the defendant remitted from the account in the name of the victim to his account, the intention of unlawful acquisition cannot be denied, and thereafter remitted money to the account of its employees is included in a series of embezzlement and is merely a means to conceal the crime of embezzlement; thus, the judgment of the court below is erroneous in matters of law affecting the conclusion of the judgment by misunderstanding the facts, and ② in light of the defendant's period of crime, the victim's damage amount, etc., the sentence of the court below (one year of imprisonment) that sentenced the defendant is too uneasible.

2. As to the mistake of facts

A. The summary of the facts charged in this case is as follows.

From March 9, 2005 to January 15, 2015, the Defendant served as accounting staff in the E-Operation of the Victim C located in Gangdong-gu Seoul Metropolitan Government, and has been managing the account in the name of the victim’s bank (F and G) and engaged in the affairs such as the payment of employee benefits and fund transactions.

On October 20, 2011, the Defendant transferred 450,000 won from the Internet banking account under the victim’s name to the new bank account (H) with the victim’s name while keeping the victim’s operating funds in the E office for the victim’s business. At that time, the Defendant used the victim’s operating funds for personal purposes, such as living expenses, etc.

From that time until January 15, 2015, the Defendant consumed total of KRW 239.94,608 in mind, as shown in the list of crimes in the attached Table of the lower judgment, from that time to that time, 147 times.

Accordingly, the defendant embezzled the victim's property.

B. (1) The lower court, based on its macroficial evidence, found the Defendant guilty of occupational embezzlement of KRW 214,60,200 in the sum of the column for conviction in the annexed list of crimes in the lower judgment among the charges charged, and found the Defendant guilty of the occupational embezzlement of KRW 25,384.