A. When the defendant was appointed as the representative director of the victim C Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") and was normally performing his duties as the representative director, the defendant, the representative director of the victim Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") was aware of the fact that a large amount of KRW 200 million was deposited in and withdrawn from the account of the victim Co., Ltd., by the complainant B, and transferred the money recorded in the facts charged to the other account of the victim Co., Ltd., which was the balance, to the other account of the victim Co., Ltd.., and thereafter, the complainant did not return the money because the complainant did not comply with the request

B. The sentencing of the first instance court of unfair sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, ① the defendant assumed office as the representative director of the victim company on April 2, 2012 by the complainant B, who holds control over the whole shares of the victim company; ② the defendant's act of holding office as the representative director of the victim company on April 2, 2012; ② on November 2, 2012, the defendant reported the division of passbook to the above account and transferred KRW 12,00,000 to another account opened under the name of the victim company; and on March 8, 2012, the defendant transferred KRW 12,00,000 to the personal account under the name of the victim company and the defendant transferred to the account under the name of another company F, which had already been appointed as the representative director on October 2, 202; ③ the defendant arbitrarily used the transferred money to the defendant's business expenses, such as German business travel expenses, etc., and other facts that the defendant used it for his personal use.