A defendant shall be punished by imprisonment for not less than two years and six months.

Each applicant for compensation has filed their respective applications for compensation.

A. In relation to misunderstanding of facts or misunderstanding of legal principles, the amount a defendant consumed is not the property of another person which becomes the object of the crime of embezzlement, and even if it is another person's property, it cannot be said that there is a criminal intent unless the defendant does not recognize it.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s embezzlement and criminal intent can be recognized for KRW 43.12 million out of the embezzlement amount of KRW 61.6 million as stated in this part of the facts charged. Thus, the Defendant’s assertion of mistake of facts is with merit only for KRW 1,84.8 million, excluding the above KRW 43.12 million.

(1) In full view of the fact that the Defendant made a statement at an investigative agency or a court below to the effect that the Defendant has embezzled the full amount of KRW 61.6 million at the court below, and that the Defendant had not yet completed the obligation to pay the full amount of the AF exclusive contract (100 million) under the exclusive contract concluded on October 29, 2014 (hereinafter “instant contract”) concluded on October 29, 2014 between AF (hereinafter “AF”) and AF (hereinafter “instant contract”) and AF), the Defendant may be held liable for embezzlement of the full amount of KRW 61.6 million, not by the AF passbook, but by the passbook under the name of the victim’s former head of the Tong, and was deposited and stored separately from the AF’s property.

D. However, even at the time of the commission of the crime described in this part of the facts charged, the instant contract still remains valid without being rescinded or terminated. According to Article 7 of the instant contract, the revenue from drama contribution is stated to be distributed at the ratio of 3:7 to the AF and the victim. As such, 1,848,00,000 won equivalent to 30% of the above 60,160,000 won.