All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant’s appeal 1) misunderstanding of facts was delegated with all the authority, including the procedural acts regarding the instant land, the appointment of lawyers and the settlement of the purchase price, from co-owners of the instant land including the complainants. Since litigation costs such as attorney’s fees have been spent on the instant land at the Defendant’s own expense, it cannot be deemed that the Defendant embezzled this even if he used the instant money received from the J at his own expense. Nevertheless, the lower court’s conviction against the Defendant was erroneous in matters of misunderstanding of facts. 2) The sentence (two years of suspended sentence in five months of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The Prosecutor’s appeal by the lower court is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant himself/herself has used 50 million won as expenses for the operation of the company of the defendant, repayment of his/her personal debt, etc., which he/she received from J according to the court's decision of compulsory adjustment. The court below acknowledged the fact that the owner of the land of this case, including the complainant, delegated the defendant the right to the land of this case to the defendant as to the scope of his/her power, stating "all powers related to the real estate of this case, such as the conclusion and cancellation of the sales contract, receipt of the purchase price, settlement of the purchase price, and settlement of the purchase price, etc." (see, e.g., evidence records 179 pages, etc.), but even so, the co-owners of the land of this case cannot be deemed to have granted the defendant the right to use the "amount received by the defendant as unjust enrichment return from J" for personal use without any separate settlement procedure.