The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s grounds for appeal (defluence of facts or misapprehension of legal principles) and F are as follows: (a) the Defendant, from July 2014, excluded F from his/her business; and (b) the Defendant’s business contract was terminated on or around August 7, 2014 due to F’s nonperformance of obligation; and (c) the Defendant’s arbitrary disposal of the third Deputy Director, a business property, constitutes embezzlement.

Even if the business relationship has been lawfully terminated, the defendant should settle half of the profits accrued from the transfer of the place of business to F, but he arbitrarily appropriated the claim against F and embezzled by refusing to return it.

Nevertheless, the lower court erred by misapprehending the legal doctrine on embezzlement or by misapprehending the legal doctrine on embezzlement, thereby adversely affecting the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the lower court, the lower court determined that: (a) when entering into a partnership agreement with the Defendant and F on the grounds that the Defendant and F were in operation, “F will pay taxes, public charges, etc. F. The Defendant will provide labor to the Sejong Deputy Commissioner and receive KRW 2,500,000 monthly salary for the 20th day of each month from F (Provided, That the Defendant will be 2,500,000 for three months from the date of the contract) from F. The Defendant and F will be agreed upon; and (b) the proceeds will be divided by 1/2 from the Defendant and F. The Defendant and F will be divided into one half each. The Defendant and F will be free to terminate the contract if any one party presents conditions contrary to the general principle of reciprocity after the conclusion of the contract or any other cause difficult to continue the contract, and the other party may claim compensation, etc. for the damages therefrom. ② Following the agreement, the Defendant will pay the payment to D prison to the Defendant and F.