The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Although the Defendant did not conclude an agreement with the victim E to transfer a claim amounting to 27% of the sales revenue of admission tickets, the lower court found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the fact that the lower court adversely affected the conclusion of the judgment.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the contents of the facts charged as stated in the following facts charged at the trial at the court of the case, and since the subject of the judgment was changed by this court, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

3. Judgment on the assertion of mistake of facts

A. On July 22, 2012, the Defendant: (a) the victim E who provided a picture to the exhibition at D located in the window of Changwon-si, Changwon-si; (b) and (c) the following year from July 23, 2012

8. Until December 23, 200, F.C. admission tickets, which were held in the second exhibition room of the above D, are sold through (ju) Ethienian site (hereinafter “Ethy”) and (ju) G. D., and the bonds equivalent to 27% of the sales revenue of admission tickets paid from the above company are transferred.

“Ethical agreement” was made.

Around August 9, 2012, the Defendant received KRW 14,941,590 from the said State from the said Company and embezzled KRW 51,760,824 from the said Company from the said Company until the said month from August 31, 2012, and kept KRW 4,067,267.8 for the victim. At that time, the Defendant arbitrarily used it for the purpose of repaying personal debt repayment, etc.

B. The Defendant made a confession of the facts charged in the instant case in the final trial, and there is no extenuating circumstance to suspect the voluntariness or credibility of the said confession. This is the following: (a) the respective original judgment of G, H, and E’s legal statement, joint agreement, and F settlement statement.