The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the Defendant, who received management expenses from the owners of commercial buildings C and kept them in a new bank account (Account Number E: hereinafter “instant account”) in the name of the company D, was embezzled by withdrawing KRW 3 million around March 31, 2012 and using the personal fine payment.

Nevertheless, the judgment of the court below which acquitted the primary charges of this case is erroneous in the misapprehension of facts.

2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor examined the facts charged of this case which the court below acquitted as stated in the following 3-Ga, and applied for the amendment of an indictment with the contents of adding the following [the judgment used again] to the facts charged as a preliminary charge, and the judgment of the court below cannot be maintained any longer since the case was modified by this court's permission.

The prosecutor's assertion that the prosecutor's mistake of the primary facts charged is still subject to the judgment of this court, despite the reason for the above ex officio reversal.

3. Judgment as to the prosecutor's assertion of mistake as to the primary facts charged

A. The summary of the primary charge is that the Defendant, as the representative director of D, a company managing the Dongdaemun-gu Seoul building C, was engaged in the business of promoting C commercial buildings and managing the buildings by collecting management fees from C upper A.

On March 31, 2012, the Defendant received transfer of money from the foregoing D office to the account under the name of D to the management expenses, etc. of the said C, and deposited it for the divided owner of C commercial buildings for the damaged party, and withdrawn KRW 3 million from the said account on the same day, and subsequently, the Defendant collected KRW 3 million from the said account on the same day.

4.4. Requests the payment from the Seoul Northern District Prosecutors' Office.