The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor of the gist of the grounds for appeal, the so-called butts money to be used for the lending of gambling money does not constitute illegal consideration. Thus, even if the ownership of the funds provided by the victim to the defendant cannot be deemed to belong to the defendant, the court below rendered a verdict of innocence against the defendant on the premise that the provision of butt money to be used for the lending of gambling money constitutes illegal consideration. The court below erred by misapprehending the legal principles as to illegal consideration and embezzlement, which affected the conclusion

2. Determination

A. The summary of the facts charged of the instant case was from around 2006, while serving in the same company as the victim D, the Defendant committed a promise to increase profits by inserting money received from the victim as butt money from the victim to the victim in gambling, and making it called “tts” in the name of “tts,” with a high interest rate on gambling around February 2015, and lending the money for gambling. In addition, the Defendant promised to pay profits by inserting the money received from the victim as butt money to the victim in the gambling box, or by introducing the Defendant’s will raise profits to the victim, who can borrow money for a short time, while bearing a high interest rate.

Accordingly, the defendant, on February 10, 2015, proposed that the defendant would have the victim's seat receive interest of 10 million won per month from the victim's phone to E, and made the victim transfer 9 million won to the account in the name of E with the exception of the interest of 10% per month, and made the victim transfer 10 million won per day from the victim's seat on March 5, 2015 to the victim's seat F with the amount of interest of 10 million won per day if he/she lent 10 million won to the victim's seat.

In order to continuously use money as butts on March 9, 2015, the Defendant shall pay interest for seven days to the victim who prepared 39.7 million won in cash.