The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, it can be acknowledged that there exists a consignment relationship between the defendant and the victim of the Bosing crime with the defendant.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Judgment on the assertion of mistake of facts

A. On March 15, 2017, a person under whose name the facts charged in this part of the facts charged are sent to the victim F the victim F the limit of the head of the Maspbook. For that purpose, it should increase the performance of the Maspbook and inform him of it with the loan extended.

The Defendant had the victim wired the amount of KRW 29 million to the national bank account (D) in the name of the Defendant.

On March 16, 2017, the Defendant confirmed that the amount of KRW 17 million remains, out of the amount remitted by the victim through inquiry of the balance of the above national bank account, and then withdrawn KRW 6 million from the above national bank account using the eck card re-issued at the Handong branch of the National Bank on March 17, 2017, and remitted KRW 10,990,000 to the Gwangju Bank account (E) on the same day, and then withdrawn KRW 10,990,000 from the Gwangju Bank High-Tech Financial Center.

Accordingly, the Defendant voluntarily withdrawn and embezzled the victim's KRW 16.99 million while keeping the victim's ownership.

B. On March 15, 2017, the victim transferred KRW 29 million to the Defendant’s account by deceiving the Defendant’s account in the “ Boscoping,” which was named “Scoping,” and the Defendant had been living in the Defendant’s account with the knowledge that the words were deposited in the Defendant’s account for illegal purposes or in a manner after this mold, even though he knows that the words were deposited in the Defendant

The fact that a withdrawal of KRW 16990,000 has been made may be recognized.

In such a case, even if based on any of the grounds, there is no room to deem that a fiduciary relationship exists between the victim and the defendant, and thus, the defendant does not constitute a person who keeps the victim's KRW 16.99 million.

Therefore, not guilty of this part of the facts charged (Embezzlement) is pronounced.