The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The gist of the grounds for appeal in this case is that the facts charged in this case constitutes a crime subject to victim's complaint. Since the victim revoked the complaint, the court below sentenced the dismissal of the complaint in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, but sentenced to a fine of one million won, which is erroneous in the misapprehension of legal principles,

2. According to Article 328(2) of the Criminal Act, the facts charged in the instant case are crimes falling under Article 355(1) of the Criminal Act, which are applicable mutatis mutandis under Article 361 of the Criminal Act, where a relationship between a victim and an offender exists, an offense subject to victim's complaint can be punished only when the victim files a criminal complaint. According to the records, the Defendant and D, the victim, constitute an offense subject to victim's complaint. Since the victim's complaint against the Defendant on June 11, 2014, which was prior to the pronouncement of the judgment of the first instance court, falls under an offense subject to victim's complaint, the prosecution on this part constitutes revocation of a criminal complaint

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case was erroneous by misapprehending the legal principles, and thus the judgment of the court below cannot be maintained.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

The summary of the facts charged of the instant case is as follows: C, the mother of the Defendant, deposited KRW 13,906,459 in the Pacific Credit Union and the Defendant was in custody of the deposit passbook; on February 27, 2013, upon the death of the said C, the Defendant continued to keep the said deposit in custody for other co-inheritors, such as victim D.

As a result, the Defendant, around March 5, 2013, voluntarily withdrawn KRW 13,906,459 of the above deposit from a credit cooperative in the Pacific-si, Pacific-gun, Pacific-gun, and at around the seventh day of the same month, from the point of counting the medicinal trees in the name of the Defendant at the point of counting the Agricultural Cooperatives in the name of the Defendant, at the point of counting the medicinal trees in the name of the Defendant around the seventh day of the same month.