It shall add a list of crimes in attached Form to the facts constituting the crime of the lower judgment.

A. The Defendant was aware of the fact that 13.5 million won in this case was used for personal purposes, but the Defendant was able to return the above money at any time upon the victim’s request, such as having sufficient assets, and thus did not have an intent to obtain unlawful acquisition of the said money.

Nevertheless, the judgment of the court below that convicted of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. Although the lower court also asserted that the Defendant had the same purport as the grounds for appeal, the lower court acknowledged the circumstances as indicated in its reasoning, and determined that “the Defendant arbitrarily consumed the instant KRW 13.5 million, the purpose of which is strictly limited as indicated in the facts constituting a crime, and thus, recognized the intention of unlawful acquisition.”

In light of the following circumstances, in addition to the evidence duly adopted and examined by the lower court, it is difficult to view that the materials submitted by the Defendant alone were insufficient to reverse the circumstances and the following, and that the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as stated in the grounds of appeal.

① Around May 16, 2013, the Defendant, including the instant KRW 13.5 million, remitted by the victim, was strictly limited to the purpose and use of the vehicle purchase price that the Defendant entrusted to C by the Defendant. However, the Defendant arbitrarily used the said KRW 13.5 million for personal purposes without the consent of the victim.

② Since the ownership of the money entrusted with the purpose and purpose is reserved to the truster, the crime of embezzlement is established as long as the money is used at will.