The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since 1,898,350 won out of the amount stated in the facts charged in the misapprehension of the legal principles was used by the defendant for the purchase of parts for the manufacture of electric vehicles on behalf of the victim company, there was no intent to obtain unlawful acquisition as to this part.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the following facts charged in accordance with the Defendant’s assertion of misapprehension of the legal principles in the trial court. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as above, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-gu Decision] The Defendant, along with C, D, and E, has established the Victim G (State) G whose head office is the North-gu, Ma on November 17, 201, and has been engaged in the business of receiving the price of goods and the cost of repair for the victim company.

On December 15, 2011, the Defendant received KRW 1,260,90 from Hyundai Motor, a customer, to the Agricultural Cooperative Account (Account Number: H) in the name of the Defendant, under the name of the repair cost for the electric car from Hyundai Motor on December 15, 201, and the same year thereafter.

8. Before March 31, 200, the “amount of embezzlement” as the “amount of embezzlement” on the annexed list of crimes is recorded by the Customer at least 27 times.