The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the fact-finding and legal principles, the Defendant transferred money in the name of the Defendant, etc. from the corporate account of the victim FF Co., Ltd. (hereinafter “victim Co., Ltd.”), to the account in the name of the Defendant, etc., the Defendant transferred the money as indicated in the “crime List” attached to the lower court’s judgment, excluding Articles 6 through 8 of the “crime List” attached to the lower judgment, which the Defendant transferred to temporarily use, to raise the funds of the damaged company by the direction of K, which is the representative director of the victimized company. Under the direction and implied consent of K, the Defendant used it for K or the damaged company, such as the provisional payment scheme against K’s victimized company, and the payment of rebates to the victimized company’s customer, which is the end-off crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed by the Defendant. The actual embezzlement

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, which found all of the facts charged in this case guilty.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

The lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and the lower court determined that the Defendant could arbitrarily use the total amount of KRW 1,917,470,360 of the funds of the victimized company under occupational custody as stated in its holding, by taking account of the facts and circumstances recognized by the evidence of the case.

Examining the records closely and closely, the fact-finding and judgment of the court below are justifiable, and there is no error as alleged by the defendant.

The defendant's judgment on the assertion of unfair sentencing is the primary offender, and the defendant's mistake is divided about the damaged company's damage, and the measures of the victimized company are taken.