The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. A. In fact mistake and misunderstanding of the legal principles, D, without the consent of its partners, arbitrarily consumed ginseng sales proceeds from I and G, and thereby excluded the Defendant from the ginseng sales and the ginseng sales process.

Accordingly, the relationship between D, E, and the defendant was terminated by impliedly receiving the payment of ginseng sales from G.

As such, the defendant received a total of KRW 140,202,00 from G.

Even if the defendant maintains the above money for D and E, the above position cannot be recognized.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as otherwise alleged in the misunderstanding of the aforementioned facts and the legal doctrine. As to this, the lower court held that: (i) the sum of KRW 234,587,00 that D received from G around October 16, 2014 and around October 27, 2014 was deemed to have received under the agreement of its partners in order to pay the balance of nearby Ginseng for six years; (ii) the amount of KRW 100,000,000 that D received from G around December 8, 2014 was the sales amount of ginseng not related to the instant case; (iii) the amount of KRW 238,021,00 that was received from G around December 18, 2014; and (iv) the amount of KRW 100,000,000 that was actually distributed to the Defendant, even if its partners did not receive some of the total amount of sales proceeds, the amount of KRW 100,000,00.

Even if the defendant does not demand the transfer of each of the above money to G in order to vest the remaining property immediately without expressing his intention to terminate the business or claiming dissolution.