The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the lawful period for submission of the grounds of appeal.

B. Prosecutor 1) Inasmuch as the Defendant does not commit fraud by deceiving the victim by deceiving him, the Defendant has the status of keeping money between the victim and the victim. Therefore, the crime of embezzlement should be established. (2) The sentence imposed by the lower court of unfair sentencing (one month of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too uneasible and unfair.

2. Determination

A. According to the records on the Defendant’s appeal, even if the Defendant filed an appeal against the lower judgment on July 13, 2018, and received lawful notification of the receipt of the trial record from the lower court on July 25, 2018, it is found that the Defendant did not submit the statement of grounds for appeal within the submission period of 20 days under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of the grounds for appeal, nor does the grounds for ex officio investigation otherwise exist on the records.

Therefore, a decision to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act should be made, but as long as the prosecutor's appeal has rendered a judgment on the appeal, the dismissal of the defendant's appeal shall not be decided separately,

B. As to the Prosecutor’s assertion of the misapprehension of the legal doctrine, the Defendant, on October 2017, sent a physical card connected to the account held in the name of the Defendant, as stated in the lower judgment, to the Nonindicted Party C of Daejeon Building B, with the intention to arbitrarily withdraw the said card if the money was transferred to the said account, as in the crime of the lower judgment.

On October 20, 2017, the Defendant kept KRW 6,00,000,000, which was owned by the victim F and deposited to the said account, from October 20, 2015:25, for the victim, the Defendant had no legitimate title, and around 15:26 on the same day, 30,000,000,000 via G fishing, under the name of the Defendant.