The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant obtained the victim’s consent in using the due meat and fishery copon sales price to be paid to the victim as the purchase price for other goods, and thus, the crime of embezzlement is not established.

2. Determination

A. The summary of the facts charged is that the Defendant is a person running C in Jincheon-gun B, Jincheon-gun, and the victim D is a person who leases refined meat and fishery coaches from the Defendant within the aforesaid marina.

When the Defendant purchased Maart’s products from the refined land and fishery copon operated by the Defendant and paid the price in the calculation unit of Maart, he/she kept the price in custody, but 10% of the total sales on every Saturday and fishery copon rent shall be appropriated by the Defendant, and the remainder of 90% was refunded to the victim.

The defendant from April 25, 2016 to the same year.

5. Around 30.30., while keeping a total of KRW 13,099,890 of the sales amount to be paid to the victim, the victim’s property was embezzled by arbitrarily consuming all of the Defendant’s personal use, such as the purchase price of marina goods.

B. The lower court found the Defendant guilty of the facts charged in full view of the evidence in its judgment.

(c)

According to the records of this case, the following facts are revealed: (a) on March 14, 2016, D entered into a lease agreement with the Defendant on fixed land and fishery coaches; (b) on March 14, 2016, D agreed to receive an amount calculated by subtracting rent of 10% from the sales price of fixed land and fishery coaches every week; and (c) on April 25, 2016, the Defendant paid the sales price agreed every week to D, but offered that D would use the said sales price as the purchase price of other goods; and (c) if D does not have any goods, it would cause damage due to the decrease in sales of fixed land and fishery coaches it operates.