The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of embezzlement is not established as it did not pay dividends of KRW 10,000,00 to be paid to the defendant by mistake of facts or misunderstanding of legal principles to the victim B Association (hereinafter “victim Association”) and returned to the North Korea later.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine, one year of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, evidence reveals that the Defendant purchased the instant Nowon-North Korea at the expense of the Victim Association around October 2013, which was the president of the Victim Association, and the Defendant continued to possess the instant Nowon-North Korea despite the expiration of the term of office of the Victim Association on March 2015, and subsequently refused the request by the Victim Association and the Auditor of the Victim Association, etc., but thereafter, the Defendant rejected the request. The Victim Association filed a complaint with the Defendant for occupational embezzlement on October 19, 2018, and the Defendant returned the instant Nowon-North Korea to the Victim Association on February 19, 2019. Even if there was money to be paid by the Defendant, as argued by the Defendant, such circumstance alone does not deem that the Defendant has justifiable grounds for refusing to return the instant Nowon-North Korea, such as a lien. Therefore, this part of the Defendant’s assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant returned the instant Tradept to the victim’s association, and the circumstances to be considered in the course of the crime have already been determined by considering the victim’s favorable circumstances or the above circumstances in the lower court, and there is no change in the conditions of sentencing compared with the lower court.

In the first instance, it is not against the law that denies the crime and return the Nowon-gu, but it is not possible to use the above Nowon-gu in the victim association because it is not informed of the password set forth on the Nowon-gu.