The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (not guilty part), the Defendant’s embezzlement is recognized by arbitrarily using management expenses that the occupant of the instant apartment from February 28, 2014 to September 26, 2016, in cash, KRW 8,557,475, which the Defendant received from the occupant of the instant apartment from the occupant of the apartment.

Even if the defendant cannot be deemed to have embezzled all the above 8,57,475 won, the part which the defendant recognized as having used for personal purposes should be found guilty.

Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous and adversely affected by the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of a fine) is too uneased and unreasonable.

2. Determination

A. The Prosecutor applied for the amendment of indictment to the effect that each embezzlement as stated in the attached list of crimes among the facts charged in the instant case, which was acquitted by the lower court, is maintained as the primary facts charged, and added the contents stated in paragraph (1) to the facts charged in the judgment of the lower court, and the said court permitted it.

However, as seen later, the judgment of the court below became unable to maintain any further by recognizing this court as guilty of the ancillary facts charged.

However, the prosecutor's argument of misconception of facts about the primary facts is still subject to the judgment of this court, and this is examined.

B. The summary of the first indictment against the prosecutor’s assertion of mistake of facts is a person who, from February 17, 2014 to September 30, 2016, served as the accounting principal at the Busan Ya-gu Office of Management from February 17, 2014.

around February 28, 2014, the Defendant kept 113,050 won of the management expenses that he received from the occupant referred to in the above apartment complex D, and used at will the same time under the pretext of personal debt repayment, etc.