The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) As to the embezzlement of the lower judgment’s holding, the Defendant agreed to make an investment in the Defendant’s business that the injured party paid in error with the injured party, and based on such agreement, used the said money.

Therefore, the defendant had the intent to keep or embezzlement the above money for the victim.

However, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of this part of the facts charged.

(2) As to the fraud of the decision of the court below, the defendant was only invested in the business which the defendant had been operated by the injured party and used for its original purpose, and there was no discussion about the establishment of a new corporation between the injured party and the injured party

Therefore, there was a criminal intent of deceiving the victim or deceiving the defendant.

However, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of this part of the facts charged.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. (1) Determination as to the assertion of mistake of fact (1) In a case where money was erroneously remitted to a bank account to determine the embezzlement as indicated in the judgment of the court below, a custody relationship between the depositor and remitter is established under the principle of good faith. Thus, the Defendant’s act of arbitrarily withdrawing and consuming the money deposited to the bank account in the name of the Defendant due to the mistake in the remittance procedure constitutes embezzlement (see, e.g., Supreme Court Decision 2010Do891, Dec. 9, 2010). Moreover, the intent of unlawful acquisition in embezzlement is an intent of embezzlement.

means an intention to dispose of the property of another person in violation of his/her duty for the purpose of pursuing his/her own interest or a third party, such as his/her own possession, and even if he/she has an intention to return, reimburse, or preserve it later, he/she shall be subject to illegal acquisition.