The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The gist of the defendant's appeal (misunderstanding of facts) is as follows: (a) the victim C lent money to D through the introduction of F, a partner of the defendant, to request the defendant to reach an agreement; (b) the victim C had the previous F to assist the victim C, and transferred to the high-priced visibility; (c) but if the F had arbitrarily used it as a personal security, the above problem was also agreed upon; and (d) the victim C also agreed to use two copies of the check of KRW 10 million out of the agreed amount of the victim CD to find the above visibility; and (e) the defendant agreed to find a 10 million or KRW 15 million in addition to the amount of the principal's money, and then paid the victim C's money to F by paying the tax to the victim C.

Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the guilty of the charges of this case that the defendant embezzled the Chapter 2 of the KRW 10 million Check, which was kept by the defendant for the victim C under the pretext of agreement, to F at will.

2. Determination

A. The lower court, based on the evidence duly admitted and examined by the lower court, found the following circumstances. (i) D, upon the introduction of the Defendant’s partner, borrowed KRW 200 million from the Victim C and was unable to repay, around June 7, 2004, as the introduction of F, the Defendant’s trade partner; (ii) F was in charge of a high-quality visibility of F with the victim, who was partially repaid to the victim, taking the view into account that F would pay for the said visibility. The F used the said visibility as collateral and used money for personal purposes; (iii) the said KRW 200 million was not paid from D; and (iv) the Defendant filed a criminal complaint against D; and (d) the Defendant, upon delegation from D on July 28, 2008, entered into an agreement with D, that “The complaint was revoked, including the principal and interest of D, since it repaid KRW 240 million.”