A. The Defendant of mistake of facts is a victim D Co., Ltd. to use USD 100,00,000, which was remitted from the victim D Co., Ltd to take part in the activities for receiving orders from the victim company with the approval of the representative of the victim company, and the Defendant paid USD 70,000 among them to the representative G of Mongolia I Limited Co., Ltd in the name of the expenses for receiving orders from the corporation, which is not arbitrarily consumed for private purposes.

B. The sentencing of the first instance court of unfair sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In addition to the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the purpose of USD 100,000 in the instant case was specified as the expense for establishment of a foreign country. The victim company executed a separate expense exceeding KRW 43 million in cash and by using a corporate card in the process of promoting the project for the construction project of Mongolia and the establishment of a corporation, and adjusted it with the head office from time to time to time to time to time by the defendant. The defendant was guilty as to the location of the said fund before the complaint is filed by the victim company.

or G lent to G

In full view of the fact that the defendant merely expressed his or her speech and behavior to return as soon as possible, he or she can fully recognize the fact that the defendant consumeds USD 70,00,000, which was remitted from the victim company as expenses for the establishment of the local subsidiary in Mongolia and embezzled it for the defendant's original purpose without the consent of the victim company during his or her business keeping. Even if he or she collected documents submitted by the defendant in the trial including G's confirmation document, it does not interfere with the above recognition. Thus,

B. As to the assertion of unfair sentencing, the circumstance leading the Defendant to the instant case and the instant crime.