The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The judgment below

Part of acquittal.

A. Defendant 1’s misunderstanding of the legal doctrine (Offense of embezzlement) is likely to be seized by the post office account (G) in the name of the Defendant, which is the Defendant’s management account of the E Professional School Co., Ltd. (hereinafter “instant vocational school”). Accordingly, the Defendant transferred the money kept in the said account to the Defendant Agricultural Cooperative (I) in the name of the Defendant, which is the Defendant’s H Professional School’s management account, and all of them were used for the instant vocational specialized school. Accordingly, the Defendant did not have any intention to obtain unlawful acquisition.

B) As long as the crime of embezzlement is recognized for the voluntary sale of a set of car, even if 4 million won out of 6.25 million won of the sales proceeds of the car was embezzled, this is an ex post facto act of a set of penalty.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) The F’s statement as to this part of the facts charged is consistent, while the Defendant’s statement is not consistent and thus it is found guilty of this part of the facts charged, the lower court acquitted the Defendant of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. As to the facts charged in this part of the judgment of the court below on the misapprehension of the legal principles of the defendant (the crime of embezzlement) 1, the court below set up the post office account in the name of the defendant after the defendant was entrusted with the operation of the vocational professional school of this case, and used the defendant's account in the name of Q to the operation account of the vocational professional school of this case, and used the defendant's account in the name of Q to the operation account of the vocational professional school of this case. ② The victim is detained, and the defendant closed down the vocational professional school of this case and closed down the H professional school of this case and want to open the H professional school, and the defendant was arbitrarily used as the account of the