The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted the victim of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment, although there is no possibility of error in the procedures for returning the victim's goods to the computer system for the management of goods, and the defendant stated that he arbitrarily disposed of part of the victim's inventory goods.

B. The sentence imposed by the court below on the defendant (two years of a suspended sentence in October) is too unhued and unfair.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts 1) The defendant of this part of the facts charged found out from around September 2006 to December 14, 201 as stated in the judgment of the court below was supplied with approximately KRW 1,921,758,720 as stated in the list of crimes in the attached Table 2 of the judgment below, and sold approximately KRW 1,765,650,139 among them, and embezzled the inventory amount of KRW 156,108,581 as a result of the defendant's and the victim's occupational custody for the victim. The court below found that according to an agency contract concluded between the defendant and the victim, the inventory of the defendant's store was conducted on a quarterly basis in 207 to 208, and that the inventory amount of the article could not be verified by the defendant's stock return and the amount of inventory amount could not be verified by the electronic data return of the article to the victim or by the 2011.