The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The defendant's act does not constitute a crime of embezzlement because the victim who is aware of the fact was permitted to use the defendant for any other purpose if the monthly insurance premium is paid normally.

B. The punishment of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant in the facts charged in the instant case is the current and former designer of the Korea Life Insurance, and C is the Defendant’s work partner as an insurance designer of the Korea Life Insurance, and the victim D is the victim of the Korea Life Insurance as C’s friendship.

On September 2014, the Defendant anticipated that the injured party would receive approximately KRW 104,00,000 in total of the termination refund money by terminating the insurance in the name of the injured party, such as the victim's children, etc., and post office scholarship insurance, in the process of assisting the injured party to buy the insurance through the above C at the victim's house located in the new Military E, the Defendant would make the victim pay insurance money automatically by opening an account rather than paying insurance money every time.

“The victim agreed to the purport of “.” The victim opened an account (Account Number:F) with the victim’s name at the point of the NAF branch of the NAF branch around that time and deposited the passbook and cash card to the Defendant, and deposited KRW 31,114,542 on October 1, 2014 in the said account as the termination refund, etc. of each of the above insurance, and deposited KRW 34,000,000 on November 34, 2014 in the said account, and deposited KRW 39,479,990 on December 1, 2014 in the said account.

Defendant: (a) while having kept KRW 104,594,532 on October 1, 2014 for the victim, the victim was deposited in the said account; (b) KRW 10,000,000 on October 1, 2014; and (c) KRW 10,000,000 on October 15, 2014; and (d) KRW 30,000,000 on November 3, 2014; and (e) KRW 30,00,000 on December 30, 2014; and (e) KRW 9,00,000 on December 29, 2014; and (e) KRW 00,00 on December 50, 2014;