A. In other words, the Defendant, instead of paying the amount of wage claim against the victim, uses the instant pine trees sales proceeds. Since there was no fact that the sale of the instant pine trees was entrusted by the victim as stated in the judgment of the court below, the Defendant did not have the intention of embezzlement.

Furthermore, some of the trees sold by the defendant is not owned by the victim.

B. The sentence of unfair sentencing (two years of suspended sentence in six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had no intent to commit the crime of embezzlement with the same purport as the assertion of mistake of facts among the grounds for appeal, and the lower court rejected the Defendant’s assertion after having explained the specific circumstances of the instant case in “the judgment on the criminal intent, etc. of embezzlement” in the said judgment.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and acceptable, and there is no error of law of misunderstanding of facts affecting the judgment, and the above argument of the defendant is without merit.

(B) In addition, the defendant made confession of all the facts charged during the second trial of the court below, and there is no special circumstance to suspect the credibility of the confession made in the presence of a defense counsel in the presence of a judge who is guaranteed objectivity and fairness by the law, and even if the evidence submitted by the defendant is neglected in the trial, the judgment of the court below cannot be deemed to have been erroneous).

The nature of the instant crime against the assertion of unfair sentencing is not somewhat weak, and the Defendant, after committing the instant crime, committed an act such as criticism against the victim, etc., and transferred ownership in the name of the victim as a security for the recovery of damage caused by the instant crime.