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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, despite the fact that the defendant, who was employed by the victim D, the actual owner of the hospital in this case, and was merely the president of the hospital in the name of the victim, could sufficiently be recognized as embezzlement, the court below found the defendant not guilty of the facts charged in this case.
2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, and the judgment of not guilty of the facts charged in this case on the basis of the circumstances stated by the court below is sufficiently acceptable, and there is no violation of law of misunderstanding of facts alleged by the prosecutor. Thus, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.