The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The defendant (legal scenario) merely did not cooperate with the defendant in the counter-influence of the bad faith in the sub-lease contract with C Burial and the counter-influence of the C Burial’s request for the return of the amount of the wrongful return. Since the defendant did not withdraw the amount remitted by mistake and did not keep it as it is, the defendant’s act cannot be deemed as refusing to return the amount of embezzlement based on the intention of unlawful acquisition.

In addition, the defendant has the right to reply to the C Burial, such as the delayed return of the deposit for lease, the damages for the delay of the return of the deposit for lease, the damages for the sub-lease contract, or the right to reply to it.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor (unfair punishment) sentenced by the court below to the defendant (one million won of fine and one year of suspended execution) is too unfluent and unfair.

2. Determination

A. The summary of the facts charged was that between August 27, 2018 and September 17, 2018, the Defendant deposited the said money by mistake and remittance of KRW 18,861,470 to the account in the name of the Defendant between the victim B and the victim B’s C sales store employees should transfer to another person.

On September 17, 2018, the Defendant refused to return the said money without justifiable grounds despite being requested by the victim to return it.

Accordingly, the defendant embezzled the victim's property.

B. The lower court determined as follows: (a) insofar as the Defendant was aware of the fact that the instant money was wrongfully remitted from the victim and did not have any right to reply to the victim as of September 17, 2018 when the Defendant was demanded to return the money by mistake, the Defendant did not refuse to contact or contact with the victim requesting the return of the said money, even though he was aware of the fact that the said money was wrongfully remitted from the victim.