The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the consistent statements by the investigating officer of the victim of mistake of facts and by the court below, the defendant could recognize the facts of embezzlement by consuming for personal use while receiving KRW 5,00,000 from the victim's request to transfer them to K, but the court below found the defendant not guilty of the embezzlement among the facts charged in this case by misunderstanding of facts.

B. The sentence of imprisonment (six months of imprisonment and one year of suspended execution) imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. On March 13, 2012, the summary of the facts charged is as follows: (a) the Defendant, at the office of "ICo., Ltd. 203" in Yongsan-gu Seoul, Yongsan-gu; (b) the victim J sent 5,00,000 won (five copies of a cashier's check of a new bank) of intermediate payment to the above K in connection with the tinsan Development Contract that the victim entered into with K on behalf of the victim J; and (c) the Defendant embezzled it for personal use without delivering it to K while receiving KRW 5,00,000,00; (b) the lower court determined that the Defendant used it for the following circumstances, which can be recognized by the evidence duly adopted and investigated by the lower court; (c) the Defendant signed and sealed the contract for tinsan Development Project entered into between the victim and K with the victim, and (d) the victim claimed that the victim received 300,000 won of the check at the time of signing other contract related to the above project at the time of 1000,300,100,2000 won of the testimony.