The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The victim of misunderstanding the facts allowed the Defendant to manage the money in the account of the victim and use it as operating expenses of the Defendant’s church and the rest place for the homeless.

Therefore, the defendant is not a person in custody of the victim's money and there is no intention to obtain illegal profits from the defendant.

Furthermore, the Defendant deposited KRW 2,676,90 in the instant account from January 13, 2016 to June 9, 2017 (i.e., KRW 2,676,90 in total (i.e., KRW 1.5 million on January 13, 2016) (i.e., KRW 78,600 on February 11, 2017; KRW 69,000 on May 31, 2017; KRW 19,300 on June 9, 2017; KRW 300,000 on June 36, 201; KRW 780,000 paid by the Defendant for the purchase of ginseng of the victim; KRW 51,50,000 on June 19, 201; KRW 785,000 on June 26, 205; KRW 501,515,500 per annum of the victim’s embezzlement).

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is the pastor of the C church in the Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

On 2015, the Defendant became aware of the victim F who was hospitalized in the same hospital through the church of the Defendant who was hospitalized in the above hospital at the E Hospital located in the Seocho-si Hospital D in the early 2015.

At the time, there was no guardian, and it was not easy to communicate with the victim at Grade 6 due to brain damage, and compared to the general public, the judgment ability was considerably low, and the Korea Labor Welfare Corporation received KRW 1,265,610 as disability pension every month.

The Defendant, by taking advantage of the above situation of the victim, has taken the card of the account in which the above disability pension is received from the victim, and had the victim pay back the money in the above account, and transferred the check card of the account to which the disability pension is entered to the victim who is less than four people's body.