The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the status of the custodian for the victim is sufficiently recognized in light of various circumstances, including the fact that the Defendant received five million won from the joint purchaser, which is a part of the purchase price, from the joint purchaser, and did not return it to the victim. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is the person who works as a brokerage assistant at the F Licensed Real Estate Agent Office in Busan-gu E.

On May 3, 2013, the Defendant, at the above office, arranged a real estate sales contract between the victim and the joint purchaser I and J with respect to the land and ground buildings G in Busan-gu, Busan-gu.

Defendant, victims, and joint buyers shall pay 2 million won a deposit of KRW 101 of the above ground building 100 million to the victim later, and KRW 5 million a deposit of KRW 202 of the above ground building shall first be paid to the victim with the Defendant’s funds, and shall then be compensated thereafter from the joint buyers, and shall receive the remainder on June 27, 2013. On the same day, the joint buyers completed the registration procedure for transfer of ownership in the future, but the Defendant did not pay KRW 5 million to the victim.

Around July 15, 2013, the Defendant, at the above office, received KRW 5 million, which is part of the purchase price to be paid to the victim from the joint buyers, and embezzled it by asserting that he/she was falsely paid on June 27, 2013 even when he/she received a request for payment from the victim and was in custody for the victim.

B. The lower court, based on the evidence duly admitted and examined at the lower court, mediates the instant real estate sales contract.