The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

According to the evidence submitted by the prosecutor, since the defendant purchased the site of this case for personal investment purpose, not the investment of the victim FF corporation, the court below found the defendant not guilty of the facts charged of this case, although it could be found guilty.

It is not so.

Even if the defendant's money in relation to Nos. 10 through 15 of the crime list in the holding of the court below constitutes an independent and arbitrary use against the position of other shareholders, and therefore, an occupational embezzlement is established even in the above part only.

Judgment

The summary of the facts charged is from March 2006 to April 24, 2015, the defendant has been engaged in general management of the above company's funds and duties as the representative director of the victim FF corporation located in Gangseo-gu Busan Metropolitan City.

On October 5, 2007, the Defendant voluntarily consumed KRW 460,000,000 in total, up to 15 times, as shown in the list of crimes in the attached Table, from around June 13, 2014, when he/she kept the FF corporation’s funds in his/her business in Busan Bank Account (G) with the name of the company’s Busan Bank Account (G). On October 5, 2007, the Defendant withdrawn KRW 50,000 as the purchase price for land on October 5, 2007 and consumed it for his/her personal purpose.

Accordingly, the defendant embezzled the victim's property.

The lower court determined that the Defendant embezzled the Defendant’s corporate fund of the Victim F Co., Ltd. (hereinafter “F”) by arbitrarily using the evidence submitted by the prosecutor on the following grounds:

As it is difficult to see that there is no other evidence to acknowledge the embezzlement of the defendant, the defendant was acquitted by the latter part of Article 325 of the Criminal Procedure Act.

Defendant’s withdrawal and use of KRW 460 million from F’s deposit account from October 5, 2007 to June 13, 2014 is recognized.

On the other hand, however, the defendant submitted.