The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

A. Although G’s whereabouts are unknown, G became aware of the Defendant through H called the external motor vehicle endor, and Defendant would purchase a vehicle on his/her behalf without advance payment.

The defendant and H demanded a vehicle receipt and issued a certificate of acceptance.

Considering that the detailed statement about the facts of damage, ② that there is no statement of damage not G, and that there is considerable reason for the defendant to be a criminal offender, it is reasonable to adopt the police statement about G as evidence in accordance with Article 314 of the Criminal Procedure Act.

B. H was originally an accomplice;

Even if G clearly states the accused's deception, and considering the fact that G does not have any reason to suspect and give testimony to the accused, it is reliable that H's statement is reliable.

In addition, in light of the fact that the defendant served as a salesperson for a used motor vehicle and committed the same kind of crime, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous or erroneous in the misapprehension of legal principles.

2. The summary of the facts charged in the instant case is an employee of the Dong-gu Incheon Metropolitan City C Motor Vehicle Sales Complex, who is engaged in the sales and purchase of used cars as an agent.

On January 2007, the Defendant was requested by the victim E to purchase corporate vehicles to be used in the company by proxy and received necessary expenses and documents related to the vehicle transfer.

Defendant: (a) transferred the two vehicles in the middle and middle term to the victim’s “F” name in the form of lease and installment purchase of the two vehicles in the middle and middle term on behalf of the Defendant; (b) however, in the process, the Defendant was able to dispose of the vehicles in the victim’s name in another place.

The defendant around February 10, 2007, the Dong-gu Incheon Metropolitan City C.