The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) the Defendant promised the victim to pay 40,1660,000 won equal to the amount of compensation for fishery loss (hereinafter “the instant compensation”) to the victim and received full payment of compensation from the F fishing village fraternity; (b) As such, the Defendant and the victim constitute a consignment relationship between the victim and the victim with respect to custody of 41,660,000 won owned by the victim.

Therefore, the defendant's payment of 15 million won without paying the total amount of equal shares to the victim is embezzlement of 26.6 million won of the victim's money.

Nevertheless, the judgment of the court below that acquitted the defendant as to the facts charged is erroneous, which affected the conclusion of the judgment.

2. Determination

A. As to the facts charged in this case, the lower court: (a) held that, apart from the fiduciary relationship between the Defendant and the F fishing village fraternity with respect to the instant compensation received by the Defendant from the FF fishing village fraternity, the Defendant and the victim cannot be recognized as a legally or de facto fiduciary relationship; and (b) Meanwhile, even if the Defendant and FF fishing village fraternity have fiduciary relationship with the Defendant, the FF fishing village fraternity had the intent to equally distribute the instant compensation to the management vessel owner, including the Defendant, at the time

The lower court acquitted the Defendant on the ground that it is difficult to readily conclude.

B. In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, there is no fiduciary relationship between the Defendant and the victim regarding the amount of 4,160,000 won equally divided among the instant compensation.

Therefore, the judgment of the court below which acquitted the charged facts of this case does not err in the misapprehension of the facts alleged by the prosecutor.

The prosecutor's above assertion is without merit.

(1) In the family FF fishing village fraternity, a resolution is adopted to equally distribute 125 million won to three owners, including the defendant and the victim.