The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is that the defendant received a certain percentage of fees from the victim and paid the price to the victim instead of the fireworks captured by the victim. This is a consignment relationship under a contract and reserved ownership for the victim. The defendant is in the position of a person who keeps in custody of the victim's fireworks or sale proceeds. The defendant provided 30,000 fireworks including the victim's fireworks as security and borrowed 400 million won from F to pay the victim's fireworks. However, the defendant could not borrow 400 million won from F due to disputes related to the settlement of existing debts and fireworks between the defendant and F, and the defendant cannot borrow 400 million won from F as security, and the court below erred in the misapprehension of legal principles as to the defendant's obligation to recover the victim's fireworks from F to the victim and return 400 million won to the victim's fireworks as security, and the defendant cannot be found guilty of the fact that the defendant provided 400 million won to the victim's fireworks or 400 million won as security.

2. The summary of the facts charged of the instant case is that the Defendant sells the fireworks of the victim on behalf of the Defendant, and the Defendant receives 4% of the sales proceeds of the fireworks from the victim as a fee, on September 29, 2010, under the condition that the Defendant would receive 4% of the sales proceeds of the fireworks from the victim, on the basis of the fireworks price negotiated by the Defendant and the victim D, who is the owner of the ship, in the CF warehouse near the Busan District Port.