The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, as a leading shareholder, did not pay the Plaintiff a sum of KRW 11,360,000 to the Plaintiff who was the cause of the appeal, and there is sufficient evidence to support this.

Nevertheless, the court below found the defendant not guilty on the ground that there is no evidence to acknowledge it. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that around November 1, 2010, the Defendant was a 20,000,000 won organized in the loss of H located in Seojin-gu G in Jeonjin-gu, Jeonjin-gu, Seoul, which was operated by the Defendant, and 21 rice valleys consisting of 21.

On June 20, 2012, the Defendant received total of KRW 20,000,000 from the members of the said fraternity in the loss of interest around June 20, the Defendant had the duty to pay KRW 11,360,000 to the victim C, which was designated as the other party to the fraternity on June 29, 2012.

Nevertheless, the defendant violated his duties and did not pay the fraternity to the victim.

As a result, the Defendant acquired financial benefits equivalent to KRW 11,360,000, and suffered damages equivalent to the same amount to the victim.

B. In full view of the legal principles and various circumstances as stated in its holding, the lower court rendered a judgment of not guilty on the ground that it is difficult to view that the Defendant had an intention to commit a breach of trust, and that there is no other evidence to acknowledge it. In full view of the reasoning of innocence compared with the records, the lower court’s judgment is just and acceptable, and there is no error of misunderstanding of facts as pointed out by the prosecutor.

Furthermore, according to the records of this case, the Defendant’s loan claim amounting to KRW 29,900,000 against the victim around June 25, 2012 is the automatic claim.