Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

A The above fine shall be imposed.

A. Defendant C did not have participated in the sale of the original team of this case by Co-Defendant A, but only received KRW 15 million from Co-Defendant A for the settlement of warehouse expenses, etc. borne by Defendant A.

Nevertheless, the court below held that the defendant embezzled the sale price of the original unit of this case, and the judgment of the court of first instance is erroneous in misconception of facts.

B. Prosecutor 1) The lower court acquitted Defendant A on the ground that there is no evidence that the Defendant was in the status of the person who has kept the original body of this case or its sales proceeds with Co-Defendant C. However, the Defendant was entrusted with the sale of the original body of this case with Co-Defendant C, and ② even if the Defendant did not have been entrusted with the sale of the original body of this case by the victim, the Defendant directly sold the original body of this case and acquired five million won out of the sales proceeds of this case, thereby soliciting the embezzlement of the crime of this case with Co-Defendant C, and thus, the lower court erred by misapprehending the legal principles. 2) In this respect, the lower court’s judgment on the allegation of unfair sentencing against Defendant C is too harsh than that of the Defendant (two years of suspended execution for six months of imprisonment).

2. Determination of misconception of facts by Defendant C and the Prosecutor

A. According to each evidence duly adopted and examined by the court below and the court below, the first instance court and the first instance court: (i) on July 3, 2009, upon the introduction of the defendant A, I borrowed the second instance of this case from the victim with interest rate of KRW 10 million per month; and (ii) on August 2, 2009, the due date for payment was determined and borrowed as August 2, 2009; and (iii) on July 3, 2009, I stored the second instance of this case in E in the name of the victim (However, it included a special agreement that can be delivered at the time when both the victim and I participated in the cargo storage entrustment contract); (iii) as profits from the sale of the second instance of this case, I borrowed money and interest from the victim.