The defendant did not have the intent to acquire the above money as well as to commit embezzlement.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.

① Around November 12, 2009, the Defendant, as the president of C University, received KRW 156,863,935 from a staff member in charge of C University, and managed KRW 156,863,935, which was previously accumulated in his/her account in the name of the Defendant’s bank account (Account Number E) from the Defendant. On December 9, 2009, the Defendant transferred KRW 32 million out of the said money to the account in the name of the Defendant’s bank (Account Number F).

The funds deposited into the account of the above national bank was consumed throughout December 24, 2009 by the time when the funds were used for the personal purpose of the defendant who is not superior to the association of the same literature.

② On December 9, 2009, the Defendant transferred the amount of KRW 18,120,000 from C University’s East Korea’s account (Account Number E) to the National Bank’s account in the name of the Defendant on December 17, 2009, and then again transferred the amount to the Korean Bank’s account (Account Number Q) account in the name of the Defendant on December 24, 2009.

The above bank account was an account to manage the defendant's personal business funds, etc., and the defendant used the above questions for the personal purpose together with the defendant's personal funds.

(b) the intention of unlawful acquisition in the judgment of embezzlement;

means, for the purpose of seeking the benefit of himself or a third party, the actual or legal intent to dispose of the property of another person in violation of his duties, such as that of his own possession, and shall be entrusted with funds, the use of which is strictly limited by others.