The judgment below

The part against Defendant A (including innocence in the grounds) shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Fact that a cashier's check issued from the account of the victim company (related to (1) 113, 121, 122, 123) has been deposited in the defendant's account, although the cashier's check issued from the account of the victim company was exchanged with the defendant's cash, etc. in light of the victim company and the defendant's business practice, there was no embezzlement of each cashier's check above.

B. The sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. If the Defendant, a custodian of the relevant legal doctrine, provided an explanation about the whereabouts or place of use of money on the grounds that it is difficult to recognize the existence of an intent to illegally obtain money, and there are materials corresponding thereto, barring any special circumstance, the Defendant cannot be deemed to have embezzled the entrusted money as an intent to illegally obtain money.

(Supreme Court Decision 2009Do495 Decided April 23, 2009). B.

Judgment

The lower court convicted the Defendant of this part of the facts charged on the ground that the Defendant did not present the background of the issuance of the cashier’s check, the reason why the said cashier’s check was deposited into the Defendant’s account, reasonable explanation to the Defendant’s use of the money, and evidence thereof.

However, according to the following circumstances revealed from the evidence duly adopted and examined by the court below and the court below, it is difficult to conclude that the Defendant embezzled this part of the cashier's checks with the intention of unlawful acquisition, since the Defendant issued materials corresponding thereto, on the grounds that it is difficult to recognize the existence of the intention of unlawful acquisition and acquisition with respect to the above cashier's checks.

This part of the defendant's assertion is accepted.

- The issuance and deposit details of cashier's checks found guilty at the court below are as follows:

(1) The amount of the check number issued on the date of the transaction (original) No. 113.