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. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) (the instant siren inspection agency contract was effective between the victim and G Co., Ltd. (hereinafter “J”) including inspection fees and inspection agency expenses. Moreover, since the employees of the maintenance industry operated by the victim are in charge of the inspection of the motor vehicle and the inspection agency, the expenses for the instant inspection agency should be attributed to the victim.

However, the Defendant, by forging and using the consent form in the name of the victim, received the above inspection agency expenses from J to the Agricultural Cooperative account in the name of the Defendant, and arbitrarily used them, so the Defendant constitutes embezzlement as “a person who keeps another’s property.”

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant, from around December 20, 2010 to the “F” in the operation of the victim E (hereinafter “F”) located in Ulsan-gu, Ulsan-gu, as the inspector, has been engaged in the duty of automobile inspection of the above maintenance industry company.

On September 23, 2011, the Defendant: (a) received a request from the JJ for a car inspection; (b) received 121,000 won from the inspection agent to the agricultural bank account under the name of the Defendant without the consent of the victimized party; (c) and (d) embezzled the total amount of KRW 7,83,50,00 from around that time to December 11, 2015, as shown in the list of crimes in attached Table 52 times, the Defendant embezzled the Defendant’s total amount of KRW 7,83,50,00, from around that time to December 2015.

B. The lower court determined that the instant maintenance industry, which is operated by the victim of an association or organization, did not collect the expenses for the inspection on behalf of the customer in addition to the inspection fees (the fees for the so-called “vehicle traffic business,” which is the business of having the customer enter the inspection station on behalf of the customer and returning the vehicle to the customer after the inspection is completed), and the vehicle traffic business is included in the automobile inspection.