A. In fact-finding, the Defendant was requested by the victim and the victim E, who is an employee of the victim, to sell a golf set of one set of money (hereinafter “the instant golf set”) as indicated in the judgment of the court below, and paid the full sales proceeds to the middle and high-ranking business operator, and thus, did not embezzled.

In addition, the golf set of this case does not amount to KRW 10 million at the market price, as stated in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: ① The victim and the victim’s employee stated to the effect that the Defendant, from the investigative agency to the lower court, to the lower court, to sell the instant golf set at an amount equivalent to KRW 10 million at a market price of KRW 50 million; ② The instant golf set at hand, drick (2.10 million), e.g., two (80,00 won), har (580,000 won), har (580,000 won), and 200,000 won of the instant golf set at KRW 1,010 (440,000 won), and the Defendant did not return the instant golf set at KRW 60,000,000,000,000 won of the instant golf set at KRW 74,000,000 (3,000,000 won).