The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant released the instant money from the Defendant’s account under the name of the Defendant, this is not the ownership of the victim management body, and the Defendant was not in a position to keep the victim’s money in business, and even if the said money is owned by the victim, the Defendant did not constitute an offense because of the victim’s understanding or consent as to withdrawal of money.

Nevertheless, the court below erred by misapprehending the facts guilty against the defendant.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by each evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, i.e., (i) the account holder was under the name of the defendant, but the deposited money was deposited as management expenses; (ii) the account was used for the management of the management body; and (iii) the defendant, who was the head of the management body of the first management body, at the time of the crime of this case, was beyond the second management body, cannot be deemed to have the right to the execution of management expenses; and (iii) the minutes of the meeting on April 26, 2012, stating the "written evidence request of the head of the management office 12 million won", it is sufficiently recognized that the money of this case was under the status of the defendant in the custody of the victim management body, and there was no understanding or consent of the management body of victims as to arbitrarily withdrawing the money without submitting evidentiary materials, etc. even if the defendant had to receive the outstanding amount from the management body of victims.

Therefore, the defendant's above assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing: Provided, That the 1st C.