The part of the judgment of the court below against the defendant is reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court, it is difficult to view that the Defendant was in the position of a custodian for the victim company because the Defendant had the authority to dispose of the remainder of the money except for the advertising price executed by the victim company by mistake of facts and misapprehension of legal principles. Moreover, the Defendant used the money under an agreement with the victim and does not arbitrarily consume and embezzled it. 2) The sentence imposed by the first instance court (two years of suspended sentence in October, and two hundred hours of community service order) is too unreasonable.

B. As to the judgment of the court below of the second instance, the defendant of mistake of facts is entitled to a certificate of balance of deposit (hereinafter “certificate of balance of this case”) with the content that there is a balance of deposit of 71.9 billion won in the account under AD

(2) The victims did not know that there was a forgery, and they did not know that there was an intent and ability to rescue the passbook, etc. under the name of AD at the time, and the victims did not request AD’s head on the wind that they refused to request AD’s identity confirmation. (2) The victims of misapprehension of the legal principles have the purpose of preventing criminal acts, such as by deceiving 60 billion won deposited in the deposit passbook or money laundering, and thus, the victims paid to the Defendant for the purpose of achieving the illegal purpose in violation of good customs and other social order as seen above, the amount of 50 million won paid by the victims to the Defendant. Furthermore, the victims led the victims to the delivery of the deposit passbook and the progress of the deposit passbook, while the victims led only to the Defendant simply seeking the deposit passbook, the illegality of the victims is significantly high compared to the illegality of the Defendant.

Therefore, it is reasonable to deny the establishment of fraud against the defendant.

3) The sentence imposed by the court below of the second instance on the defendant (two years of suspended sentence in October and community service order.