The defendant shall be 10,000,000 won for embezzlement to an applicant for compensation.

A. Defendant 1) 29,00,000 won of the contract amount for adjoining construction works to F Company, which is the subcontractor of the Defendant’s lower court, was paid to F Company KRW 11,487,00 among them, and the Defendant received KRW 17,100,000 from F Company and received the remainder of the contract amount of KRW 17,100,000 from D Company, which is the original contractor, as direct payment. Although the Defendant received subsidies for construction works, including the collection of KRW 10,00,000,00 from F Company, the Defendant did not refuse to return KRW 10,00,00 among them, even though the Defendant received subsidies for construction works, including the collection of KRW 10,00,00,00 from F Company, the lower court’s sentence of unfair sentencing (one year of imprisonment with prison labor

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The lower court, based on the evidence duly adopted and examined by the lower court, found that the Defendant’s contract amount for contact work with the FF company was 19,00,000 won, rather than 29,000,000 won claimed by the Defendant, and that the Defendant’s 17,10,000,000 won, which was paid by the DD company due to direct payment around October 18, 2017, exceeds 11,487,000 won, and the victim’s request for collection of KRW 19,00,000,000,000, which was paid by the Defendant to the F company, exceeds the Defendant’s contact work amount of KRW 17,100,000,000,000,000, which was paid by the Defendant to the Defendant. In light of such evidence, the lower court’s determination that the Defendant’s refusal to return the said amount constituted an unlawful act of embezzlement.

Therefore, the defendant's assertion of mistake is without merit.

B. The first instance trial on the assertion of unfair sentencing by both parties.