The defendant's appeal is dismissed.

1. The lower court rejected the application for compensation order filed by the applicant D for compensation order in the lower court.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and this part shall be excluded from the scope of the adjudication of the relevant party.

2. Summary of grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. The Defendant cannot be deemed to have borrowed KRW 10 million without any intention or ability.

The defendant is likely to seize the non-management expense passbook in the name of the defendant because the business of operating the gas station operated by the defendant is difficult, and the defendant has borrowed KRW 10 million to G in order to prevent such a situation, and he has withdrawn KRW 10 million from the above passbook and kept it.

Since then, the defendant could not return KRW 10 million to the non-management expense passbook for parking accidents due to the continuous dispute with the creditors, but the remaining KRW 9 million was paid to the auditor in relation to the parking accident, and the remaining KRW 3 million was paid to the auditor, KRW 2 million to the spouse of H, KRW 1.5 million to the general secretary, and the remaining defendant had KRW 2.5 million for the original purpose.

B. Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the lower court.

① If his creditors are likely to seize the above passbook, it is natural to withdraw the full amount from the above passbook. However, in fact, the full amount of KRW 10 million has been withdrawn, and the remainder of KRW 20 million has not been withdrawn (the investigative record 220 pages). ② The Defendant has the same effect.