All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On August 2014, the Defendant, by mistakeing the facts or misapprehending the legal principles, returned KRW 1 billion out of KRW 2 billion already borrowed from the Defendant to the Defendant, and explained the Defendant that “The Defendant should withdraw KRW 1 billion at once to another person and make an investment in “the current water method,” which would make it possible for the Defendant to take out the amount of KRW 1 billion and receive the amount of KRW 1 billion.” The Defendant also allowed the Defendant to use the amount of KRW 1 billion with the knowledge of the use of said KRW 1 billion.

Therefore, even if the crime of embezzlement was not established, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court (two years of imprisonment and three years of suspended sentence) that was sentenced to an unfair sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination:

A. In the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant did not accept the Defendant’s assertion on the ground that “In full view of the following circumstances, the lower court accepted the Defendant’s assertion on the following grounds: (a) although the victim deposited KRW 1 billion in the Defendant’s deposit account and entrusted the victim with the purpose and purpose to use it only for the proof of balance, the Defendant voluntarily withdrawn KRW 1 billion in violation of the purport of the entrustment and embezzled it for other purposes.”

① The victim consistently agreed from the investigative agency to the court of the court below, “The Defendant sought to find the victim around May 2014, and deposited the amount of KRW 2 billion into his own account on the loan of KRW 2 billion, only for the purpose of proof of balance, and used approximately approximately KRW 3-5,00 won on the money as aground.”

Although there was no first loan idea, it was found more than several times, and the above money was used only for the verification of bank balance.