An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

A. In fact, the Defendant merely received money from the injured party as the name of investment or loan, and did not keep the money with the purpose and purpose specified. Therefore, the Defendant did not have the intent of embezzlement.

B. The punishment of the lower court (one year of imprisonment, three years of suspended execution) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts has been properly addressed by the defendant as follows: ① after I remitted the victim KRW 250 million to the victim, the defendant sought M of the boiler ordering company in lieu of the victim, and the defendant has brought about KRW 250 million to M of the above company's president.

“I hear what is referred to, and that the victim sent to the victim as the case may be.

(2) The Defendant sent e-mail to the victim on October 12, 201, before receiving KRW 250 million from the victim, who was entrusted with money from the victim under the name of the deposit money to prove the balance of the F bank in the boiler ordering business in the investigative agency and the lower court’s court. < Amended by Presidential Decree No. 2328, Oct. 12, 2011>

In the future, the term "by the 33th day of its guarantee" was read as "a letter different," and sent e-mail on the 22th day of the same month after the receipt of remittance of the above money.

The term "to take cash to us and to make a purchase if it is deposited with a designated bank until the day in the morning."

In full view of the fact that the Defendant stated that he was aware that he had provided credit with a thickness, and that he was entrusted with the certification of bank balance instead of having invested or borrowed KRW 250 million from the injured party, it can be recognized that the Defendant was entrusted with the business by specifying the purpose and purpose of certifying bank balance.

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant appears to have recovered part of the damage by repaying the victim’s reimbursement of KRW 210 million.

However, the defendant's certificate of bank balance.