A. Defendant A1’s mistake on the receipt of property in breach of trust on December 26, 2013, Defendant A, the vice president of the F Co., Ltd. (hereinafter “F”), had not yet been deemed to have put money bags into Defendant B’s vehicle before Defendant B arrive at Defendant B’s vehicle. The contents were only from Defendant B after the vehicle board, and there was no demand for money or no other money received from Defendant B, and Defendant B did not take part in receiving money from Defendant B.

2) Defendant A, upon Defendant B’s instruction, did not properly confirm the contents of the disbursement resolution without the final approval authority and did not directly approve the following: (a) Defendant A, after four days from the account of the E E Apartment Resident Representative Meeting (hereinafter “the E Apartment Resident Representative Meeting”) to which the victimized person was subject to the Defendant B’s order, he did not either conspired to commit the crime of occupational embezzlement or participated in the crime of occupational embezzlement.

3) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and the legal principles as to attempted occupational embezzlement, and Defendant B, as the president of the meeting of the resident representatives of the instant case, intended to return the money received from I in connection with the issue of payment of the outstanding amount to F as the victim’s victim, Defendant B had the victim’s intent to obtain unlawful acquisition on the ground that, upon return to I, the money he had been in his custody was deposited in the victim’s account, temporarily withdrawn money from the victim’s account and kept it in the management office. Defendant B had no intent to use the money withdrawn from the victim’s account for personal use.

It is difficult to see that keeping the money owned by the victim in the treasury of the victim management office continues to maintain the status of possession control over the above money of the victim.