The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Legal principles and an agency contract between the Defendant and the victim C (hereinafter “victim”) are a kind of contract with the content of sale and establishment of the victim’s livestock industry, excreta storage tank (hereinafter “livestock tank”) and simple consignment contract. Thus, the Defendant is merely obligated to settle sales proceeds received from farmers to the victim’s company and cannot be deemed to have the status of keeping the proceeds. The agency contract is the substance of the consignment contract.

Even if there was a special agreement on settlement between the defendant and the victim company, so the defendant still cannot be deemed a custodian of the above sales proceeds, the court below erred in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The defendant of mistake of facts paid more amount than the amount to be paid to the victim company according to the records of construction of the livestock tank from 2008 to 2009. In doing so, the defendant did not have the sales proceeds unpaid to the victim company since 2008. However, the judgment of the court below which convicted the defendant of the facts charged in this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

C. The six-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below, the defendant concluded an agency contract with the victim company on June 1, 2006. The main contents are as follows.

(9) [Local Agency Contract] Article 1 (Purpose of the Contract) This Agreement shall include liquid manure storage tanks, etc. for the commercialization of livestock products and excreta produced and supplied by the company to consumers.