The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found that the defendant embezzled 140 million won even though the amount embezzled by the defendant of mistake of facts was not 140 million won but 70 million won, and all he paid to the victim, there was an error of misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, probation, and community service order 100 hours) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mistake of facts, the defendant: (1) recognized all of the embezzlement amount of this case at the court below; (2) on July 8, 2008, the defendant prepared a notarial deed stating that 170,000 won shall be paid to the victim; and (3) the victim stated that the notarial deed of KRW 170,000,000 prepared by the defendant at the police investigation stage shall be the sum of the amount of 1,40,000 won of the embezzlement amount of this case (the victim stated in the notarial deed in this court that the sum of 30,000,000 won shall be the sum of the amount of the notarial deed and the amount of the notarial deed shall be the sum of 3,000,000 won, and the husband of the victim shall be well aware of the specific amount of notarial deed and the statement made at the investigative agency shall be made based on the amount arranged by the husband who is well aware of the specific amount of money; and (4) the defendant may also have sold 17,7,00,00,00.