A. misunderstanding of facts or misunderstanding of legal principles 1) Larento car as indicated in the facts charged of the instant case (hereinafter “instant car”).

(D) The parties to a lease agreement to the victim E Co., Ltd. and limited liability company D (hereinafter “D”).

As such, the Defendant is not in the position of keeping the instant car based on the above lease agreement. Moreover, the Defendant maintained the said lease agreement between the victim and D during the period of not complying with D’s request for return of the instant car, and insofar as the Defendant did not dispose of the instant car to a third party, the Defendant is not in the position of custodian based on the consignment relationship, such as the principle of good faith, between the victim and the victim. (2) The Defendant’s refusal to return the instant car to D is merely a failure to perform the duty of change of the name of the lessee under the agreement between the Defendant and D, and does not constitute the embezzlement that expressed the victim’s intent of unlawful acquisition by expressing his intent to

B. The sentence of the lower court (two months of imprisonment, two years of probation, and 80 hours of community service order) is too unreasonable.

2. Determination

A. 1) The Defendant made confession of the facts charged in the instant case by mistake of facts or misapprehension of the legal doctrine, but reversed them in the first instance, and denied the facts charged in the instant case by asserting that there was no intent to acquire the custodian’s status and illegal acquisition of the instant passenger vehicle. 2) The crime of embezzlement is a dangerous crime established even if there is a risk of infringement of legal interest, such as ownership of another person’s property, and if there is a risk of infringement of legal interest, the said risk of infringement is established (see, e.g., Supreme Court en banc Decision 2010Do1050, Feb. 21, 2013). As the custody of property in the crime of embezzlement refers to a situation where there is de facto or legal control over the property, the custody is entrusted relation.