The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable (unfair sentencing). B. The prosecutor’s Defendant’s withdrawal of the money remitted to the Defendant’s account constitutes embezzlement against the victim of the phishing crime, the status of custodian under the good faith principle is recognized (misunderstanding of the legal doctrine). 2. Determination of the Prosecutor’s assertion of misapprehension of the legal doctrine on February 1, 200

A. On December 19, 2015, the Defendant embezzled KRW 3190,00 out of the damages to the Korean bank account under the name of the Defendant on December 2015, 2015, when the victim D deposits KRW 3.2 million into the post office account under the name of the Defendant, and then made a report on the loss of the post card delivered to the above person under the name of the Defendant and suspended the use thereof on December 20, 2015, around 11:27, 2015.

B. If a criminal of telecommunications fraud (the so-called Bosing crime) in the judgment of the court below received money from the victim by deceiving the victim, thereby transferring the money from the victim to the account using the fraud, the act of defraudation constitutes a completed act.

Therefore, the criminal possessed the money of the victim.

Even if this does not lead to any entrustment or trust relationship between the victim and the victim, there is a status to keep the victim's money.

In addition, the offender withdrawn cash from the account exploited for fraud thereafter.

However, it is difficult to view that such withdrawal is nothing more than an act of committing a crime of fraud that has been already constituted and thus, it does not constitute embezzlement against a victim of fraud (see Supreme Court Decision 2017Do3045, May 31, 2017). In light of such legal principles, any consignment or fiduciary relationship between the Defendant and the victim exists.