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 of the final judgment.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts was delegated the authority to receive mountain ginseng from the FF association corporation (hereinafter “victim corporation”) and did not receive from G the instant 5-6-6-6-6-6-year mountain ginseng sales contract with the damaged corporation.

The Defendant, upon request from G to pay any balance of 11,00 U.S. dollars 11,00 from D until D pays any balance of the contract to proceed with addition, kept for G, upon receipt of a request from the damaged corporation and requesting to keep them. The Defendant, upon obtaining permission from G, sold the said U.S. dollars 11,000 individually and planted it in another place, so the Defendant’s act does not constitute a crime of embezzlement on duty.

Therefore, the judgment of the court below that recognized the occupational embezzlement is erroneous in the misconception of facts.

(2) The lower court’s sentence of unreasonable sentencing (two years of suspended execution in October and two hundred hours of community service) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, and in particular, the records on the examination of the prosecution as of January 25, 201; the record on the examination of the prosecution as of January 13, 201; the record on the examination of the police as of September 16, 2010; the record on the examination of the suspect as of February 21, 201 as to G; the record on the examination of the suspect as of November 12, 2010 as of November 12, 2010; the record on each statement, a copy of the agreement, and a recording (Evidence No. 289 of the Evidence Record) as to the examination of the suspect as of November 25, 201; the records on the examination of the suspect as of March 25, 201 as of March 1, 201; and the total amount of KRW 1,500,000,00 won paid to G.