The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, embezzlement is acquitted.

1. Summary of grounds for appeal;

A. In a situation where Q bears the obligation to the Defendant for factual misunderstanding (Embezzlements), the Defendant opened the game ID and password, disposed of the game items, and asked Q to request Q to deliver the remaining amount, if any, to the Defendant’s wife.

In this regard, the obligation to Q Q to the Defendant is about KRW 10 million and the sales amount of the game items is about KRW 2,365,000 and there was no balance remaining after being appropriated for the repayment of the obligation.

Therefore, embezzlement is not established.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor applied for permission to modify the indictment of violation of road traffic laws (non-licenseless driving) at the trial of the relevant party to “Defendant A: (a) around December 30, 2014; (b) around January 5, 2015; (c) around February 26, 2015; (d) around February 23, 2015; (d) around March 13, 2015; (e) around March 27, 2015; and (e) around April 9, 2015; and (e) the court below changed the indictment to “A driver’s license without a driver’s license of the motor vehicle”; and (e) the court below changed the indictment to “A driver’s license without a driver’s license of the motor vehicle.”

The defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, despite the above reasons for reversal. Therefore, the following is examined.

B. In the case of a normal consignment sale, which is judged as to the assertion of mistake, if the consignee sells and purchases the consigned goods and refuses to consume or deliver them without permission by the truster, the crime of embezzlement shall be established. However, a special agreement is made as to the disposal of the proceeds, such as distributing the proceeds from the consignment sale after deducting various expenses, fees, etc. from the sales proceeds.