A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

A. In a misunderstanding of the facts or legal principles, the Defendant’s use of KRW 120 million out of the victim’s traffic accident insurance proceeds for the purpose of purchasing a house owned by the Defendant shall be deemed to have obtained the victim’s constructive consent. In addition, the Defendant is a family member living together with the victim and thus the Defendant should be exempted from punishment for embezzlement of this case pursuant to Article 328(1) of the Criminal Act. However, the lower court erred by misapprehending the legal doctrine or by misapprehending

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Presumption of the part related to the presumption of consent refers to the case where the injured party would have naturally consented if he had known the contents of the act in light of all objective circumstances at the time of the act even without the injured party's consent. The circumstances indicated in the records of this case alone are not enough to see that the injured party naturally consented to the use of 120 million won out of the insurance proceeds of the traffic accident falling under almost all the property of this case for the purpose of purchasing a house owned by the Defendant, not the joint ownership of the Defendant and the injured party. Thus, the Defendant's mistake of facts or misapprehension of legal principles are without merit

B. In light of the purport of the system related to the exemption of punishment for the majority and the provisions of the Act on the Honor after majority, etc., the guardianship affairs of the adult guardian have a public nature. Thus, the defendant appointed by this court as the adult guardian of the victim pursuant to Article 949(1) of the Civil Act shall take into account the special circumstances of his relative in the instant case where part of the defendant embezzled in the course of managing the victim’s traffic accident insurance proceeds due to his guardianship affairs pursuant to Article 949(1) of the Civil Act