The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The summary of the grounds for appeal is as follows: (a) the Defendant had operated an individual enterprise from around 1989 to “G” in the name of “G” with regard to the mistake of facts as to the requirements for the establishment of embezzlement of the Defendant; and (b) the victim D Co., Ltd. (hereinafter “victim D”) that had been established before the Defendant had been established did not have any entity as an independent business entity.

The victim company did not engage in any production activity in around 2010-201, and there was no actual sales claim, and since 2012, G's human and physical facilities were partially transferred to the victim company, the actual sales claim occurred in the process of partial transfer of the victim company. Since G had most production activities, the sales claim was owned by the Defendant (G).

However, as the defendant plans to maintain the credit of the victim company and transfer the G business to the victim company, the defendant actually requested the transaction partner to deposit the price of goods in the account of the victim after making the transaction statement only in the name of the tax invoice on the sales claim owned by the defendant as the victim company.

Therefore, as indicated in the facts charged in the instant case, the victim company’s Gyeongnam-nam account (Account Number: F, I, hereinafter “each account of this case”) deposited in two accounts (hereinafter “each account of this case”) is based on the Defendant’s individual sales claim, and thus, is owned by the Defendant, and thus does not constitute “other’s property” which is the object of the crime of embezzlement.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the above money to be owned by the victim company and convicted of the facts charged.

As to the amount of embezzlement, KRW 402,192,550 (i.e., total amount deposited from each of the instant accounts to the Defendant’s account (i.e., the amount of embezzlement ① KRW 291,591,250 (ii) the amount of embezzlement ② KRW 91,601,300 (iii) the amount of embezzlement ③ KRW 19,00,000).