The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, while the Defendant was in custody of the sports event expenses (hereinafter “the instant money”) of the U.S. U.S. branch of the D Association (hereinafter “the instant branch”), the Defendant merely used them for the support of each organization’s sports events within the said association in line with the purpose of use, and did not arbitrarily consume and embezzled them.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of misunderstanding of facts, the intention of unlawful acquisition in embezzlement is unlawful.

“If a representative director withdraws and uses the company’s money for his/her own purpose for the purpose of pursuing his/her own interest or a third party’s property, it refers to an intention to dispose of the same property as that of another person’s own property. If the representative director did not present evidentiary documents about the reason for withdrawal and the use of the money, and does not provide reasonable explanation to understand the reason for withdrawal, such money may be presumed to have been withdrawn and used for his/her personal purpose (see, e.g., Supreme Court Decisions 2003Do2807, Aug. 22, 2003; 2007Do9250, Mar. 27, 2008). In full view of the above legal principles and the following circumstances revealed by evidence duly adopted and investigated by the court below, the fact that the defendant received the company’s money and used it for the personal purpose of use for eight times in total with the intent of unlawful acquisition.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is an error of law as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is justified.