A. In light of the fact-finding and the misapprehension of legal principles, the management expenses that the Defendant concluded with G on March 31, 2005 (hereinafter “instant agreement”) under the name of E Co., Ltd. (hereinafter “E”), which were to be deposited into G, shall be deemed to have agreed to pay for the expenses such as cleaning expenses and electricity fees, etc. incurred in managing the aggregates installed in a charnel house during the contract period. Since the Defendant actually used the management expenses for the aforementioned purposes, the Defendant embezzled the instant management expenses.

Although it cannot be deemed that there was an intention to obtain unlawful acquisition or to obtain unlawful acquisition, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) The Defendant’s defense counsel’s written opinion on May 26, 2014 and written opinion on October 1, 2014 added to the lower judgment that there was an error of misunderstanding of facts or misunderstanding of legal principles as to the forgery of private documents and the uttering of private documents among the lower judgment. However, this cannot be viewed as a legitimate ground for appeal since it was filed after the lapse of the period for submitting the statement of grounds of appeal, and even if it was examined ex officio,

The sentence imposed by the court below on the defendant (two years of suspended sentence in October) is too unreasonable.

2. Determination

A. Omission of determination of mistake and misapprehension of legal principles on the assertion of mistake of facts, and money received from a third party on behalf of the delegating person based on the act is deemed to fall under the ownership of the delegating person at the same time as the money entrusted for the delegating person, barring any special circumstances, such as the purpose or purpose, and the delegated person shall be deemed to fall under the relationship of custody for the delegating person, and if he/she has consumed without permission prior to the settlement of the received money, all the money consumed.