The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the fact that the victim of mistake of facts and misunderstanding of legal principles had inflicted economic support on the defendant, that the victim was refunded only KRW 100 million out of the amount transferred by the defendant and did not return the remaining amount, and that the victim did not take any legal measures against the defendant, it shall be deemed that the defendant had no intention of embezzlement or obtained the victim's constructive consent in selling stocks and transferring the price.

Therefore, embezzlement is not established.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by the court below; (b) the victim was holding the passbook of this case and did not inform the defendant of the password; (c) the defendant arbitrarily used the method of changing the password by reporting the loss without asking the secret number to the victim in the process of selling the shares of this case and transferring the price; and (d) the defendant and the victim had already arranged the teaching relationship at the time of transferring the price and selling the shares; (e) the victim demanded the return of the price immediately after becoming aware of the fact that the defendant sold the shares and transferred the price to another account; and (e) the victim did not pay the remaining amount to the defendant on December 2, 2015 immediately after the above action of this case; and (e) the fact that the victim did not pay the remaining amount to the defendant on the basis of the victim’s intent at the time of this case is nothing more than the grounds for supporting the victim’s disposal and use of shares at the time of this case.