The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, the court below found the Defendant not guilty of all of the facts charged of this case, despite the fact that the Defendant sold freezing 16,935km (a total of approximately KRW 135,500,000,000) as stated in the facts charged of this case and received sales proceeds of at least KRW 39,80,000,000, in whole or in part, as a whole, as stated in the facts charged of this case.

She also determined that embezzlement (sale proceeds) with respect to the parts of the freezing which the Defendant sold among the freezings of the instant case was conducted, and that the lower court did not determine the embezzlement (refluence of return) with respect to the portion that was kept without selling.

2. Determination

A. The summary of the facts charged is a person who served as the representative of the Free Trade Zone C, and on June 21, 2010, the Defendant repaid KRW 103,000,000,000, including interest on September 10, 2010, from the victim E, which was introduced through D through D, and separately recommended the Defendant to make an investment in the chain store business where the Defendant imports and sells the Free Trade Zone to the victim at the end of June 2010. However, the victim was aware of the profitability of the Free Trade Zone import and sale business of the Free Trade Zone.

On June 2010, the Defendant met the victim on June 1, 2010, and “E president would purchase the freezing of the quantity of a container by paying the money.”

If you use the revenue stamp of the company to purchase it, and if you know well about the abortion business, you sell the goods through a kind of consignment sale business customer, and transfer the sales proceeds in full to the Do president, so you would not receive a separate fee.

“Around July 16, 2010, issued KRW 148,415,400 from the person who consented to the issuance of KRW 148,415,400.

On July 16, 2010, the Defendant imported from China the freezing 23,546 g from China for the victim on July 16, 2010, and the customs clearance procedure around July 21, 2010.