The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the collection amount received by the defendant as an employee of the victim C Co., Ltd. belongs to the ownership of F Co., Ltd., the obligee with interest on the collection, and the defendant is in the position of keeping the collection amount in relation to F

Therefore, there is no room to establish a crime of embezzlement against the defendant who uses the collected money with the knowledge that the above collection money was permitted to be used by the owner of the money or that it was permitted to be used.

However, the lower court erred by misapprehending the legal doctrine or misconception of facts, which found all of the facts charged in the instant case guilty.

2. Determination

A. The summary of the instant facts charged was that the Defendant, from January 5, 2005 to November 30, 2014, engaged in the collection of claims from the victim C Co., Ltd. located in Seocho-gu Seoul Metropolitan Government from November 30, 2014.

On December 3, 2013, the Defendant received dividends of KRW 9,677,217 paid out for the collection of claims from the Jung-gu District Court Goyang Branch of the District Court on December 3, 2013 from the D bank account (Account Number: E) in the name of the Defendant, not the damaged person’s account, and voluntarily consumed KRW 3,00,000 for the remaining 6,677,217 for personal purposes.

Accordingly, the defendant embezzled the property of the victim while on duty.

B. The lower court found the Defendant guilty of the instant charges by taking full account of the relevant evidence, following the determination that the Defendant is in a position of a manager for the business of collecting money in relation to the victim’s relationship under a business agency contract with the victim, and thus, the crime of embezzlement is constituted if the Defendant arbitrarily uses the collected money, and that the Defendant is also recognized as illegal acquisition intent.

(c)

Money received from a third party on behalf of the delegating person by a person delegated with the performance of affairs involving receipt of and payment of money for deliberation shall be the same as the money entrusted for the purpose or use only, except in extenuating circumstances.