A. Error of facts and misapprehension of legal principles do not own the victims' ownership, and the defendant must pay the victims the remaining net profit after settling taxes, public charges, and expenses, etc. in the above purchase price, and as long as such settlement procedure remains, the truster cannot be deemed to have the same as the money entrusted to the trustee only for the purpose or use. Thus, the judgment below which recognized the defendant as embezzlement is erroneous in the misapprehension of legal principles and erroneous determination.

B. Even if the judgment of the court below found the conviction of an unreasonable sentencing, the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the following facts are acknowledged according to the evidence duly adopted and examined by the court below and the court below. (A) On May 28, 2003, the Defendant received investment of KRW 200 million from the victim D, and KRW 200 million from the victim E, and the Defendant, upon delegation from the above victims, decided to distribute profits according to the ratio of shares in the purchase and management of the two buildings in the G, G, H, I, and the above above land and buildings. The purchaser of the above real estate sales contract at the time stated D and one other as the purchaser of the above real estate sales contract.

B) At the time of June 9, 2003, the Defendant drafted a joint investment agreement with the victims in the presence of R, which was conducting a development project in the ancient region including each of the above lands. The above agreement states that three of the above lands and buildings shall be jointly invested, the ratio of investment shall be J 50%, E 25%, and D 25%, and three of the shares shall be distributed at the rate of subsequent disposal and investment, and the Defendant is written as the representative of J on July 16, 2003, in the column of the agreement, the Defendant is written as the representative of J. c). H, I.