A. In fact, the Defendant: (a) received KRW 100 million from the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) for the payment of transportation charges to the subcontractor and the borrower; and (b) used KRW 18 million in the payment of transportation charges to the Defendant by the Victim Co., Ltd.; (c) however, the Defendant used it with the consent of the Victim Co., Ltd., as above.

B. The punishment sentenced by the lower court (the penalty amounting to KRW 3.5 million) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake, the defendant received KRW 100 million from the victim company for the purpose of paying transport charges to the subcontractor and the borrower, and it can be acknowledged that the defendant did not obtain prior permission or consent to use the above amount as a part of the above 18 million won in paying the claims to the defendant and the defendant's company. Thus, the court below's conviction of this part of the facts charged is justified and it is erroneous in the misapprehension of facts.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is rejected.

B. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant’s health is not good, the lower court is deemed to have already determined a sentence by taking account of the above favorable circumstances, and there are no special circumstances or circumstances newly considered in the sentencing after the sentence of the lower judgment, and other various circumstances that form the conditions for sentencing as specified in the instant pleadings and records, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc. are considered, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion on this part is accepted.