A defendant shall be punished by imprisonment for not less than eight months.

A. Fact-misunderstanding 1) The Defendant embezzled the vehicle fluor owned by the victim corporation D (hereinafter “victim”) but the market price of the machine fluor embezzled by the Defendant is 22,00,000 won (criminal facts of the judgment below) (Article 1. 2 of the criminal facts of the judgment below). However, it is merely that the Defendant received the payment of KRW 11,00,000 from the I managing the E company from the Defendant’s limited liability company S (hereinafter “S”) with limited liability operated by the Defendant, and there is no fact that the Defendant embezzled the price of the goods of the victim company (Article 2(2) of the criminal facts of the judgment below). The sentencing of the court below is unfair because it is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On July 23, 2015, the Defendant: (a) prepared a false order stating that he/she sells 843 automobile flus to E companies, a trader, at the victim’s office, the head of the company in charge of the production and management of automobile flus; (b) held approximately 843 automobile flus in total amount of KRW 14,63,154; and (c) kept the above vehicle flus in storage for the victim company on the same day while he/she was carrying out approximately 843 automobile flus in storage for the victim company; and (d) embezzled this by placing approximately 3,63,644,00 won in total from July 25, 2015 to March 25, 2015.

2) In full view of the following circumstances known by the lower court based on the evidence duly adopted and investigated by the lower court, the Defendant can only recognize the fact that the total market price of the machine fluor embezzled from July 23, 2015 to July 25, 2015 was 27 million.