The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The misunderstanding of the legal doctrine merely did not return money to obtain a genuine apology from the victim and did not have any intent to obtain illegal enrichment.

The judgment of the court below which found Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles and affected the conclusion of judgment.

B. The sentence (700,000 won) sentenced by the lower court is too unreasonable.

2. Determination

A. (i) In a case where money was erroneously remitted and deposited into a deposit account, the deposit holder and remitter are deemed to have a custody relationship under the good faith principle (see, e.g., Supreme Court Decision 2010Do891, Dec. 9, 2010). As such, if the deposit owner refuses to return the money deposited by mistake, the act of refusing to return is deemed to have been embezzled.

In a case where it can be seen, embezzlement is established against the depositor (see Supreme Court Decision 2008Do8279, Dec. 11, 2008, etc.). The following circumstances revealed by the court below on the grounds of the crime of embezzlement and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. The defendant refused to return the amount of KRW 700,000 from the date when the victim remitted the amount to the deposit account in the name of the defendant to several times, and the defendant did not return the amount of KRW 700,000 to the date of the court below's decision, which was about 1 year and 3 months after the date of the above error remittance. ② The reason for refusing to return the amount of money alleged by the defendant is not legally legitimate, ③ the defendant treated the amount of money deposited by himself for more than 1 year without taking measures such as separating and keeping other deposits owned by the defendant, and the amount equivalent to the interest of KRW 70,000,000.