The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since most of the damages recognized by the lower court were used as the operating expenses of the instant F store, such as employee wages and store management expenses, the Defendant did not have any intent to obtain unlawful profits.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, two years of community service order) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts and circumstances based on the evidence duly adopted and examined by the lower court as to the assertion of facts. ① The victim appeared as a witness at the lower court court’s court and stated that the sum of the card sales amount of the instant FF store was approximately KRW 10,50,000 from January 1, 2016 to August 18 of the same month, ② deposited and managed the card sales amount of the instant FF store into the Nonghyup Bank account under H’s name (hereinafter “the instant account”). The victim transferred KRW 5,692,375 to the instant account on January 7, 2016. The victim did not appear to have been aware that the remaining balance of the account used by the Defendant was at least KRW 21,072, as of January 27, 2016; ③ the Defendant’s withdrawal of the instant account in cash to the Defendant’s employees under the name of KRW 361,500,375,000, supra.

Therefore, the defendant's mistake is erroneous.