The defendant's appeal is dismissed.

1. The Defendant, a victim of the grounds for appeal, operated D Co., Ltd. (hereinafter “victim”), was given a repayment of KRW 10 million to the victimized Company as the security deposit for the lease of the office at the time of the incorporation of the victimized Company, and was given a temporary custody of KRW 30 million in the course of liquidation of the victimized Company, and was used in the liquidation procedure after the Defendant was given a temporary custody of KRW 30 million in accordance with the resolution of the general meeting of shareholders. As such, the Defendant did not arbitrarily receive and embezzled the instant KRW 40 million owned by the victimized Company.

2. The following circumstances revealed by the court below and the evidence duly adopted and investigated by the court below. ① Even if the defendant, as alleged by the defendant, lent 10 million won to the damaged company around May 201, 2007, considering the contents of the passbook and other funds of the victimized company until May 201, the crime time of the crime of this case, the injured company appears to have been holding a considerable amount of money. Nevertheless, even though the defendant did not take any measures such as demanding repayment, it is difficult to believe that he received a loan from the victimized company only after four years have passed since the borrowing date, and ② the defendant used the remaining 30 million won after the borrowing date of the loan, the defendant used the remaining 30 million won as well as the above 30 million won as well as the details related to the patent lawsuit individually operated by the defendant or G, the statement of the damaged company's payment of the funds in this case is difficult to be deemed to have been used as the liquidation procedure of the damaged company.