A. The Defendant, at the victim’s request, paid all transport expenses to H, who is an employee of the victim. As stated in the facts charged in this case, there was no fact that he arbitrarily consumeds transport expenses kept by the Defendant for the victim and embezzled them.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. According to the various evidence duly adopted and examined by the court below regarding the assertion of mistake of facts (in particular, witness G and H’s respective legal statements in the court below), it can be sufficiently recognized that the Defendant paid only KRW 1,570,000 to the victim while he/she was under his/her business custody for the victim after remitting the transportation cost of KRW 4,540,000 from Hyundai LochiM to the bank account in the name of D’s operation, such as the written facts charged in this case, and then arbitrarily consumed the remainder of KRW 2,970,000 to be embezzled.

In the same purport, the decision of the court below that found the defendant guilty of the prosecution room of this case is correct, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. There is no extenuating circumstance for the Defendant to consider the allegation of unfair sentencing, such as the fact that the Defendant is a general beneficiary under the National Basic Living Security Act and is in a very difficult position in economy and the Defendant’s age.

However, the court below sentenced a fine of KRW 2,00,000 by reducing a fine of KRW 3,000,000 according to the summary order, considering the fact that the defendant did not repent of his mistake, did not recover damage to the victim, and considering the circumstances favorable to the defendant, and sentenced the fine of KRW 2,00,000.