(The defendant and his defense counsel withdrawn the assertion of mistake of facts on the first trial date of the trial of the first instance on the grounds of appeal)

2. Considering and examining various circumstances that include the defendant's age, character, character, occupation, and environment, including the fact that the defendant used the money in custody for the victimized company for his own personal purpose of 89 million won, and that the amount of the crime is heavy and inferior, and that no agreement has been reached with the injured party until the injured party was reached, the crime of this case is likely to be too unreasonable since the sentencing of the court below should be reversed. Thus, the defendant's assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.