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.

Summary of Grounds for Appeal

Defendant

The money that the victim of misunderstanding of facts entrusts the custody of the defendant is 19 million won in total, and the money that the victim entrusts to the defendant is not entrusted with the special purpose or purpose.

The punishment sentenced by the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

It is unfair that the sentence imposed by the prosecutor by the court below is too uneasible.

Judgment

On September 28, 2011, the Defendant asserts that: (a) 30 million won deposited in the new cooperative account (K) opened under the name of the Defendant was one’s own money; and (b) 25 million won out of the above 25 million won was repaid by the victim in advance; and (c) 5 million won was the money he/she had originally owned.

The defendant also acknowledges the fact that the 12 million won deposited in the new deposit account (L) under the name of F on September 28, 201 and 10 million won deposited in the same deposit account under the name of F on 10,000 won and 2 million won deposited in the same deposit account under the name of F. Therefore, according to the evidence duly adopted and examined by the court below, the victim received approximately 57 million won as the death insurance money of M around February 201. At the time, the victim decided to deposit the above money with the bank under the name of the defendant and the defendant's wife G while keeping the said money in cash as credit bad, the victim, the defendant, G, and F deposited 30 million won in the new deposit account under the name of the defendant at the new deposit account under the name of F on 28, 201, 200,0000 won deposited in the new deposit account under the name of F, 160,000 won deposited in the new deposit account under the name of the victim, 2.6 million won deposited.