The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Defendant was not separately designated from the competent authority as a facility manager under the National Basic Living Security Act. Meanwhile, considering the content of the admission contract between the Defendant and the child subject to supply and demand, the basic living benefits transferred to the Defendant’s account belongs to the Defendant. Therefore, the Defendant is not in the position of “a person who keeps another’s property.”

B. The Defendant used the borrowed loan account under his name as operating expenses of “C”, which is a child welfare facility that he operates. Since the above account includes not only basic living benefits for the recipient children, but also the Defendant’s private funds and the Defendant’s private funds, it is unclear whether the principal and interest of the loan was paid out of a certain nominal amount, and on the other hand, it can be deemed that a new loan has been made within the lending limit even if the balance of the account is withdrawn by the recipient, and therefore, the borrower was paid interest from the basic living benefits of the recipient children.

It can not be seen that the balance is even more and more in the state of flusing, thereby, the Defendant embezzled the above basic living benefits by paying interest on loans, etc.

It shall not be readily concluded.

(c)

Therefore, even though it is difficult to see that the facts charged in this case constitute embezzlement, the lower court found the Defendant guilty. In so doing, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.

(1) The Defendant is operating a child welfare facility called “C” located in Jeju City from December 25, 2000 to Jeju. From April 2, 2007 to September 3, 2013, the total of 20 children admitted to the above facility are living, and one of them has not acquired the eligibility for basic living.