The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the lower court accepted the Defendant’s assertion that the victim’s husband Q’s statement that corresponds to this part of the facts charged is difficult to believe, and that the victim’s statement was difficult to serve as the basis of conviction against this part of the facts charged, not embezzlement of KRW 10 million (part of the lease deposit received from the new lessee) but borrowed from the victim.

However, the defendant's argument is difficult to believe, while Q's statement, etc. consistent with the facts charged are sufficiently reliable, in light of the following: (a) there is no loan certificate prepared in conformity with the defendant's argument; (b) there was no agreement between the defendant and the victim on interest on this part; (c) the defendant used the money from the victim's own prior to the instant case without the victim's permission; (d) it is difficult to see that only the money has been permitted to use; and (e) at the time, the victim had to deliver this portion to the previous lessee and did not have to lend it to another person.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, two years of social service, and 270 hours) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below is that the Defendant received deposit of KRW 30 million from the investigation agency to the court of the court below, and then used the said money with the permission by stating that Q, the husband of the lessor, should pay the money to Q, who is the husband of the lessor, and used the said money. Since economic circumstances make it difficult, it would not be repaid after the lessor’s failure, it does not arbitrarily use the said money without permission.