A. The court below erred by misapprehending the legal principles or by misapprehending the legal principles as to the embezzlement of this case, although the defendant could use the amount that the defendant should pay the PC rent, electricity fee, and the profits that should be jointly settled with C for his personal purpose.

B. The sentence (one million won of a fine) imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. From October 5, 2012 to January 31, 2013, the summary of the facts charged is as follows: (a) the Defendant operated the PC room with the trade name “E” on the second floor of the building D, Seo-gu, Daejeon, Daejeon; and (b) around October 2012; (c) the Defendant released KRW 2,557,210 using a cash card held by the head of the NA, Daejeon Chungcheongnam-Namsan, Agricultural Cooperative (Account NumberF) in the name of the Defendant who was in custody of revenues for the PC operation, and then deposited the rent to the owner K and the corporation; (d) even though the Defendant used the fee for private use, including the fact that the Defendant was in custody for the PC’s private use, the lower court opened the CP’s private use of the CP and embezzled the money from the Defendant’s private use of the CP to 3,348,734 won, and then, did not have to be determined by the lower court from time to time.