A. Regarding the embezzlement of mistake of facts, there was a victim's constructive consent to use 80 million won by the defendant, and there was no intention to embezzlement against the defendant.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below is based on the premise that the victim's explicit implied permission of the victim was aware of the victim's arbitrary use of KRW 80 million. However, the victim stated consistently that "80 million is written first from the defendant in any other place" and that there is no means to allow the defendant to use such words in advance, and that there is no prior consent to use KRW 80 million from the defendant. When the police is investigated, the defendant argued that "I do not receive any money other than that stated in D, and that I did not know that I received KRW 80 million from D, and that it is clearly inconsistent with the defendant's late use of the contract." However, there is no difference between the defendant and his family members, such as "the defendant's purchase of real estate and the use of the money for the victim's use of the money in excess of 0 million."