The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Of the facts charged in the instant case, embezzlement against K.

1. Summary of grounds for appeal;

A. Of the annexed list 1 of the judgment of the court below, 12.4 million won in 12.4 million won in the annexed list 1 of the judgment of the court below was paid as a reward for the investment of the project of this case to AO which offered a security for the investment of the project of this case. Of the annexed list 1 of the crime list 8 and 11, each of the 110 million won in the annexed list 1 of the crime list was the money paid as O and N's expenses and estimated expenses, and the 13.1 billion won in the annexed list 1 of the crime list 1 of the crime list 1 of the annexed crime list was also withdrawn and returned after the defendant collected the money that was paid in advance as L's attorney's fees due to the shortage of business expenses at the time.

In addition, there is no fact that the money listed in the Nos. 1 through 6 in the annexed list 2 of the judgment of the court below did not directly receive the money, and L,O, etc. was permitted to use it.

Nevertheless, the lower court found all of the charges guilty, and thus, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. On June 14, 2007, the Defendant was requested to return KRW 40 million received from the victim K, who is a resident, with the subsidy for moving expenses from E, at C office located in F of Changwon-si, Changwon around June 14, 2007.

On June 20, 2007, the Defendant embezzled the above money by arbitrarily using it as personal activity expenses to L who is the chairman of the Promotion Committee of the Housing Site D in Changwon-si, Changwon-si.

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds of the Defendant’s legal statement and the police statement against K.

(c)in this case;