The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

The non-guilty part in this judgment is not guilty.

1. Summary of grounds for appeal;

A. The misunderstanding of facts or misunderstanding of the legal principles was kept in his custody

Since 490 million won was directly remitted to J, the defendant was in the position of custodian for KRW 490 million.

shall not be deemed to exist.

In addition, the amount of KRW 490 million includes the profits that the defendant would receive as a partner of the Fund for the settlement of accounts, so it cannot be considered that the whole amount would be damaged by the victim company, and at least KRW 450 million was distributed to the defendant who did not have a consignment relationship with the victim company.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the appellate trial, the prosecutor maintained the facts charged in the instant case and applied the law with the name of the conjunctive crime added "Article 355 (2) of the Criminal Act" to "Article 355 (2) of the Criminal Act", and the court was added to the subject of the judgment by granting permission.

B. According to the evidence duly adopted and investigated by this court, the Defendant confirmed that the Plaintiff paid KRW 350 million out of the agreed amount to the Plaintiff Company by February 12, 2014, to the KJ’s account in relation to the “joint project for construction and sale of apartment houses within the G Land Partition Project Zone” and “joint project for construction and sale of new apartment houses within the I Urban Development Project Zone” on behalf of the victim Company:

2) According to these facts, E is a total of 490 million won according to the Defendant’s request or agreement.