The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (related to No. 1 of the facts stated in the judgment below) Defendant E consented to the Defendant’s gambling as a partner, and the victim also committed an Internet gambling as a partner with the Defendant.

Therefore, the defendant did not have any intention of illegal acquisition in relation to the victim who is a joint owner of the partner's money.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) In fact, the Defendant used 28,728,820 won for the purpose of purchasing gift of AC, which is a woman, for the purchase cost, etc., the victim did not agree to use.

Therefore, the defendant has embezzled the above 28,728,820 won as illegal acquisition intent.

2) The sentence imposed by the lower court is too unhurd and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) on April 1, 2013, the Defendant operated the automobile parts agency with the victim E in the Dong Sea’s residence; (b) borrowed KRW 330,00,000 from the victim’s mother D to its partner deposit; and (c) the Defendant invested the “F parts agency” in the “victim’s business right; (d) the victim is in charge of the said part agency’s delivery business; (e) the Defendant is in charge of the said part agency’s delivery business; (e) the Defendant is in charge of the said part agency’s delivery business; and (e) the Defendant is in charge of the said part agency’s delivery business; and (e) the Defendant and the victim are in charge of the payment of the corporate card to use the above part agency’s money each month as a monthly wage,

On April 23, 2014, the Defendant: (a) transferred KRW 200,00 to the account (J) in the name of one bank account in the name of “partnership Company I”, a deposit account in the illegal sports gambling site, from the Nonghyup Bank account in the name of the Defendant (H) that was kept the revenue of the parts agency in G at the Dong Sea-si Office in the East Sea; and (b) used it as gambling money around that time.