A. Since embezzlement funds in the judgment of the court below based on mistake of facts were borrowed from H with the consent of the lessor F's agent, embezzlement is not established.

B. The lower court determined that H had a claim to return his deposit through the registration of the establishment of chonsegwon, and rendered the same presentation as the claim to return the deposit, which is erroneous in the misapprehension of legal doctrine regarding the right to lease on a deposit basis and the claim

C. The sentence of imprisonment (one year of imprisonment) by the lower court on the accused is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the lower court, the following facts may be acknowledged. ① H around September 2010, through the D Licensed Real Estate Agent Office working for the Defendant, the Seoul Seocho-gu Seoul Metropolitan Government G Apartment 702 (hereinafter “instant apartment”).

B, on August 2, 2011, the lease deposit was leased in KRW 200 million, and the registration of the establishment of chonsegwon was completed with respect to the instant apartment on August 2, 201, and the lease deposit was increased by KRW 235 million at F’s request on August 2, 2011, and the Defendant paid KRW 35 million for additional increase in the lease deposit to F via the Defendant.

② On March 2013, 2013, H removed the instant apartment without receiving KRW 235 million from F, on the ground that mycoin in the instant apartment, prior to the expiration of the lease term.

③ On May 29, 2013, E leases the instant apartment to F for KRW 300 million through the D Licensed Real Estate Agent Office, through which the Defendant was working on behalf of the Defendant, and agreed to pay F the lease deposit amount of KRW 29 million on May 30, 2013, intermediate payment of KRW 20 million on the day of the contract, and KRW 251 million on July 15, 2013, respectively. On the same day, E shall deliver a check of KRW 29 million at face value to J as the down payment, and deliver a check of KRW 20 million at face value to F’s account as the intermediate payment of KRW 20 million on May 30, 2013.