The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the defendant is not in the position of the custodian due to the consignment relationship with respect to the amount remitted by the victim of mistake or misapprehension of legal principles, the court below's finding the defendant guilty of embezzlement is erroneous in mistake or misapprehension of legal principle.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts or misunderstanding of legal principles 1) In a case where money was erroneously remitted to a certain deposit account and deposited money, the custody relationship between the depositor and the remitter is established under the good faith principle. As such, the Defendant’s act of arbitrarily withdrawing and consuming the money deposited to the bank account under the Defendant’s name due to an error in the remittance procedure constitutes embezzlement (see Supreme Court Decision 2010Do891, Dec. 9, 2010). 2) According to the evidence duly adopted and examined by the lower court, according to the evidence duly adopted and examined by the lower court, ① the Defendant transferred his claim against the Korean hydroelectric Power and Nuclear Power Co., Ltd. to the Bank of Korea located in the same mountainous district, and notified the said victim of the assignment of the said claim, ② the fact that the victim’s employee transferred some of the above claim to the bank account operated by the Defendant without knowledge of the said assignment of claim, ③ the Defendant’s act of using the transferred money for his personal purpose.

Examining the instant case in light of the aforementioned legal principles, the Defendant’s claim against the victim is transferred to a third party and the notification of transfer is completed, and thus no consignment relationship between the Defendant and the victim is established. However, the Defendant and the victim still have a custody relationship under the good faith principle with respect to the amount remitted by mistake. Therefore, the Defendant voluntarily withdraws the amount remitted by mistake.