The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of 5 million won.

Defendant

B The above fine shall not be paid.

1. Summary of grounds for appeal;

A. It is true that Defendant A (1) misunderstanding of facts and misunderstanding of legal principles Defendant A received an envelope containing five copies of KRW 1 million check through I.

However, the Defendant discovered the above envelope and opened it, and discovered that there was only 2 million won check, which was the last 1 million won, and known that there was money after opening it, and immediately called H, asked the account number in the name of the company and then remitted 2 million won to that account.

In addition, on the following day, it was known that the above envelope contains five million won check in the above envelope only on the ground that the bank had deposited money with the above envelope and the bank employees had five million won.

However, at the wind of the above account number, the above five million won was deposited into the account of the defendant, with the intention to return the account number later because he did not know the account number.

After that, after completing a business trip, the employee and the meeting with respect to the above delivery contract were decided to visit H in relation to the above delivery contract, and thus, the employee and the meeting had the mind to admonish the above delivery contract to the effect that the above service contract was returned to the above defendant by directly returning KRW 3 million to the above above service contract.

After two to three days, 3 million won was stored in a small credit cooperative in the book book of the office, and H was visited by putting 3 million won out of the cash stored in a document bag, and after the meeting was completed, H was moved to a restaurant located in the upper defendant and in the vicinity.

그런데 점심 식사를 마칠 무렵 상피고인이 갑자기 전화를 받더니 급히 들어가 봐야 한다며 황급히 자리에서 일어났고, 이에 진술인이 뒤따라 나가 상피고인의 차량 뒷문을 열고 ‘가서 보시면 압니다’라는 말과 함께 위 봉투를 뒷좌석에 놔둠으로써 나머지 300만 원도...