The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles / [Defendant 1] / Defendant was repaid a monthly unpaid tax amount with the right to be properly paid, and there was no deception as stated in the facts charged, nor did he had the intention of deception.

B) [The embezzlement of the victim C] At the time of the instant crime, the E Building Management Office Committee filed a lawsuit against the defendant to pay management expenses, and the defendant also is not in a custodian’s position. (c) Whether the defendant used any power or not, and the victims did not raise any particular objection in the course of the closure of the business site, so no crime of interference with business is established. (d) [the fraud against the victim P] [the Defendant did not state the words as stated in the facts charged to AJ, nor did X state the same purport as stated in the lease agreement certificate, and there was no omission of deceiving the victim, and there was no intention of deception, and there was no intention of deception. (2) The sentence of unfair sentencing (two years and six months in imprisonment) of the lower court is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court, based on the reasons indicated in its reasoning, found that the Defendant, as stated in this part of the facts constituting the crime, acquired the victim by deceiving the victim with money in the name of the monthly and detailed payment.

Examining the reasoning of the lower judgment in comparison with records, the lower court’s aforementioned determination is just and acceptable, and there was no error of mistake of facts alleged by the Defendant.

B. The subject of embezzlement under Article 355(1) of the Criminal Act, which determines the embezzlement of the victim C, refers to a person who keeps another’s property. Here, the subject of embezzlement is the person who keeps another’s property.