The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (a) the lower court’s primary evidence, which was the evidence of conviction against the embezzlement of the Defendant, is not consistent and credibility is not inconsistent with the statements and objective circumstances of the relevant persons.

B) Even if the crime of embezzlement is recognized against the Defendant, the amount of embezzlement is not KRW 100 million, but KRW 40 million in light of the following circumstances. Defendant G Co., Ltd (hereinafter “victim Company”).

) H, the representative director of H, delegated the Defendant with all authority to conclude the contract on the acquisition of the right to lease of this case’s building, and agreed to receive KRW 40 million as premium. On the other hand, K, an agent of the new lessee, intended to receive KRW 10 million as premium under the contract, but paid KRW 60 million among which amount was paid. Under this circumstance, the Defendant agreed to the amount of K and the premium as KRW 100 million, and agreed to KRW 30 million out of KRW 40 million, excluding KRW 60 million as well as KRW 60,000,000 as KRW 30,000,000,000, which was KRW 100,000,000,000 to the Defendant, was to have divided, and the Defendant concluded a contract on the acquisition of the right to lease of this case’s building of this case’s building of this case’s building of this case’s 100,000,000 won.

2) The sentence sentenced by the lower court of unreasonable sentencing (one year of imprisonment) is too unreasonable. B. The prosecutor (the fact-finding and the violation of the Licensed Real Estate Agent Act) is the Defendant in light of the following circumstances.