A. Fact-misunderstanding: “The instant facts charged did not constitute embezzlement of KRW 70,000,000 in relation to “the site of H removal works” and embezzled domestic affairs.

Even if the expenses related to the above removal site are not fixed and thus the amount of embezzlement is not specified.

B. “The sentence of the lower court (eight months of imprisonment) which is unfair in sentencing is too unreasonable.”

2. Determination

A. The lower court also asserted that the Defendant was not guilty as to the assertion of mistake of facts identical to the grounds for the above appeal, and the lower court rejected the above assertion by stating the Defendant’s assertion under the title “determination on the Defendant and the defense counsel’s assertion” in the judgment.

In full view of the following facts and circumstances found based on the evidence duly adopted and investigated by the lower court on the grounds of the lower court’s judgment, the Defendant is fully aware of the fact that he embezzled KRW 70 million in relation to the site of H removal work.

Therefore, the judgment of the court below is just and acceptable, and there are errors by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, we cannot accept the Defendant’s assertion of mistake of facts.

1) In a single police investigation, the Defendant: ① invested KRW 35 million in the removal project of the Incheon Factory before the H site, but the construction was delayed, and the Plaintiff returned the investment amount to himself; ② paid KRW 50 million to the victim a total of KRW 15 million by requesting the victim to return the investment amount; ② thereby, the victim’s talking about the damages; ② the victim’s talking about the damages; ③ the Defendant changed the victim’s KRW 115 million at the H removal site; ③ the Defendant gave the victim KRW 100 million at the scrap metal amount; and the remaining KRW 15 million at the victim’s ending of other projects; and thereafter, the Defendant sent KRW 12 million to the victim.

§ 60

On the other hand, the statements were made (Evidence 114 pages - 115 pages).