The judgment of the court below is reversed.

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

Of the facts charged of this case, the sloping beamline is embezzled.

1. Summary of grounds for appeal;

A. Defendant 1) The name of the subcontract document entered into by the Defendant and the Victim D Co., Ltd. (hereinafter “victim”) is “purchase contract” but both the Defendant and the Prosecutor asserted on the premise that the contract is (n). The legal nature of the contract is not a trade, even based on the evidence duly adopted and examined in the lower court and the lower court.

The essence of the instant subcontract (hereinafter “instant subcontract”) lies in the Defendant’s construction of the contract terms and conditions that the victim received from Samsung Heavy Industries Co., Ltd. (hereinafter “ Samsung Heavy Industries”), as they were subcontracted and constructed, and the victim’s gains worth KRW 451 million from the construction cost only from the construction cost.

In doing so, even though the victim entered into a contract with Samsung Heavy Industries under the condition that he collects the sn beam beamline, 4 snife line, skid line (hereinafter individually referred to as “the snife beamline, snife line, and skid line” at the time of the entire term “the equipment of this case,” the victim added a special clause that allows the defendant to purchase the equipment of this case on the part of the defendant at the time of entering into the subcontract of this case (hereinafter “medium high-priced purchase clause”). The purchase clause in China constitutes a violation of the provisions of Article 4(2)4 through 6 or 12-2 of the Fair Transactions in Subcontracting Act and constitutes an unfair juristic act, and thus is null and void, or should be revoked by fraud or coercion.

Therefore, since the Republic of Korea Skid Day of this case is owned by the defendant, the defendant did not intend to acquire illegal property at the time of disposing of the Republic of Korea Skid Day of this case.

B) The Defendant and the victim concluded the instant subcontract, and again on January 8, 2013, the Defendant Samsung Heavy Industries after completion of the construction work.