The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The global security management system, a company claiming misunderstanding of facts or misapprehension of legal principles, (hereinafter “security company”), intended to install fences free of charge on the apartment that the Defendant works as the head of the management office, and paid KRW 1.5 million to the Defendant instead of directly installing the fences.

Since the defendant installed a pen in 1.2 million won among them, the remainder of 300,000 won is the money to be returned to the security company and is not the property of the resident.

However, since the Defendant used 300,000 won with the permission of the security company, it does not constitute embezzlement of 30,000 won of the resident’s property as in the instant charges

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the fact that the court below's sentence (300,000 won) is too unreasonable, in light of the fact that the amount of damages caused by the wrongful assertion of sentencing, the damage is minor, and the defendant has a previous conviction of a fine.

2. Determination

A. The following facts are acknowledged according to the records on the assertion of misunderstanding of facts or misapprehension of legal principles.

1) The security company was selected as a new security company of the instant apartment and began with the service period from February 1, 2016 to one year.

The security company has reduced the security guards from 16 to 12, and provided support to “the installation of fences in vulnerable areas in apartment complexes without compensation.”

2) The Defendant heard from the security company that he would pay the construction cost on the face of installing a pen instead of installing a pen, and decided to install a gate above 201 by the lessee’s representative meeting.

The defendant received an estimate of 1.5 million won from F, and the defendant started the construction work after receiving 1.5 million won in cash by communicating with a security enterprise.

F finally demanded construction cost of 1.2 million won, and the Defendant paid it.

The defendant shall rest three hundred thousand won.