In a case where a trustee uses the money entrusted by a truster for a specific purpose and arbitrarily consumes it, it constitutes a crime of embezzlement. However, according to the facts duly established by the court below in this case, the defendant arbitrarily consumeds the amount of 15,00,000 won of industrial accident insurance premium payment from the victim's Ansan road during the custody of the defendant's business fund, and even after examining the records, there was no error of law of misconception of facts like the theory of litigation in the fact-finding of the court below, and therefore, the court below's measures against embezzlement are justified.

Even if the defendant had a claim for the balance of the purchase and sale of shares with respect to the above safe way, such as the theory of lawsuit, the crime of embezzlement is not established, and there is no complaint.

In addition, according to the evidence of the court below, since the defendant voluntarily consumeds the above money with the knowledge of the purpose of entrustment, the defendant did not have the scope of embezzlement or there is no error of incomplete deliberation such as the theory of lawsuit in the court below because it is clear that there is no reason for the vindication that it is a legitimate act.

2. We examine the ground of appeal No. 4.

In this case where a sentence of less than 10 years of imprisonment is imposed, the issue of unfair sentencing cannot be a legitimate ground for appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)