The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant, who was aware of the fact, received a gift from the victim D with the gold sheet, the crime of embezzlement may not be established even if he refused to return it.

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

2. According to the evidence duly adopted and examined by the court below, such as the victim's statement at the investigation agency and the court of law on the assertion of mistake of facts, the defendant can be found to have refused to return the gold and gold bar temporarily after being kept in custody by the injured party as stated in the court below's decision at the time of this case. Thus, this part of the defendant's assertion is without merit.

3. The fact that the defendant returned the embezzled goods to the victim after the crime was committed is favorable in determining the unfair argument of sentencing.

On the other hand, even though the defendant had been punished as a crime of the same kind in the past, he/she again committed the crime of this case, and he/she did not receive a letter from the victim.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is without merit.

4. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.