The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. According to Defendant 1’s testimony such as misunderstanding of facts or misunderstanding of legal principles, L, T, etc., K may know the fact that K has arbitrarily executed the Defendant’s funds by attracting and managing the investment funds. As such, the fact that the Defendant accused K with the charge of embezzlement is true, but the lower court convicted the Defendant on the sole ground of the statement of K without credibility and its wife P, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (two years of suspended sentence for one year of imprisonment and two hours of community service order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. According to the evidence duly adopted by the lower court and the first instance court, the following facts are recognized:

① On October 8, 2010, the Defendant filed a complaint with K for the charge that K voluntarily withdrawn and embezzled KRW 99,190 [the indictment is written at KRW 46,199,190,00, but it appears to be a clerical error; hereinafter “the first withdrawn amount”)] from the Agricultural Cooperative Deposit Account in the name of the Defendant (hereinafter “the instant deposit account”) and KRW 90,000,000 (hereinafter “the second withdrawn amount”) around October 13, 2010.

② However, from July 8, 2010 to December 31, 2010, K lent a total of KRW 138,184,920 to the Defendant on 17 occasions in terms of litigation costs, etc., and on October 13, 2010, the Defendant paid KRW 90,000 (the amount of KRW 2 withdrawn) and KRW 115,000,000 won on 8, 2010, and the Defendant received KRW 15,000,000,000 from the investigative agency (Evidence 48,199 page). ③ From August 12, 2010 to the Defendant, K supplied the Defendant with the amount of KRW 138,184,920 (hereinafter “F”) and the amount of KRW 196,190 (the amount of KRW 196,90).