The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal was agreed between the victim and NFF to settle all of the management expenses for a foreign seafarer, such as the seafarer management expenses, training expenses, and sojourn expenses, which the victim would pay to the defendant in the contract performance bond received from NFF, and thus, the defendant did not pay to the victim immediately upon receipt of the contract performance bond from NFFF, such as

Even if there was an intention to pay the remaining money after settling the management expenses according to the above agreement with the victim, there was no intention to acquire illegal profits to embezzlement the victim's contract deposit.

2. The Defendant, as the representative director of Busan Seo-gu D Co., Ltd. (hereinafter “E”), is engaged in business related to the supply of foreign human resources by the above company.

The basic contract for the management of foreign seafarers entered into between the above corporation and NFFC was terminated on July 13, 2009, even though the victim AFF had been engaged in business related to the supply of foreign human resources.

After that, on March 12, 2010, all 44 seafarers remaining in the above corporation E are transferred to E of the defendant's operation, and on the same day between E and NFFC entered into a contract for transfer of management of foreign seafarers.

At the time of transfer contract, for the contract performance bond of 30,000,000 won paid to NFFC, the contract performance bond of 30,000,000 won was to be transferred to E as the company to which the crew is to be acquired by succession of rights and obligations, and the transferred contract performance bond was only delivered to E.S. corporation.

On July 26, 2011, E was transferred by NFF to KRW 27,595,200 out of the above contract performance guarantee amount of KRW 30,000,000.

Accordingly, the defendant has been transferred from NFFC.