The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts and misapprehension of legal principles, argued water leakages, etc. in lawsuits with the Magyoung Association, the managing body of the said commercial building (hereinafter referred to as the “Magyoung”) and received 700,000 won under the pretext of the agreement on unpaid management expenses, and did not receive the said money for the purpose of preparing for litigation costs as stated in the facts charged in the instant case.

After that, the prosperity Council filed a lawsuit claiming management expenses unpaid to some of the co-owners of the store of this case, including the defendant, and agreed with the co-owners of the store of this case and the unpaid management expenses at KRW 10 million, and voluntarily withdrawn the lawsuit with the above amount.

As above, the Defendant refused to return the instant store because the agreed amount between the co-owners of the instant store and the prosperity was more than the amount received from the victim, and there was no amount to be returned to the victim. As such, the Defendant’s refusal to return the said legitimate return cannot be deemed the same as the embezzlement, and there is no intention to acquire unlawful profits.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the meaning of refusal to return in embezzlement and the judgment criteria and intention of unlawful acquisition.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following facts can be acknowledged. (A) The victim C (hereinafter “victim”) leased the instant store owned by 45 persons from October 20 to 45, 2008 and operated the Fence Center. However, due to business deterioration in around 2010, it is impossible to conduct normal business, such as failing to pay rent and management expenses.