The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

For the following reasons, the judgment of the court below that convicted the defendant of each of the facts charged in this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

In relation to fraud, the defendant received KRW 10 million from the victim under the pretext of the victim's expenses for collection of money, facilities, etc. and the defendant's remuneration, and used the above money under the name of the victim.

With respect to G-related embezzlements, the Defendant continued construction works with the amount of KRW 20 million as the construction cost of G cafeterias from the victim, and the construction was suspended due to an order to suspend the construction of building sites and filing a claim for extradition.

Accordingly, the Defendant used the remainder of the construction cost of KRW 20 million for the convenience store construction under paragraph (3) of the facts charged.

In relation to embezzlement related to the convenience store of the Stop, the Defendant used 20 million won received from the victim as the construction cost of I (G restaurant, Stop convenience store, etc.).

In addition, 42 million won paid by the head office of the Sasaw is not a management subsidy for the victim, but a prior subsidy for the defendant.

The imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The defendant alleged a misunderstanding of facts in the court below also argued the same purport as the argument of misunderstanding of facts, and the court below rejected the above argument in detail. In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's assertion of

The number of damages claimed in the instant case of unfair sentencing exceeds KRW 52 million, and the Act on the Acceptance of Crimes also lacks.

However, there was no record that the defendant was punished for the same crime and there was no record of punishment exceeding the fine, and the defendant agreed in the trial with the victim.

The above circumstances and other circumstances.