The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Regarding the fact-finding of occupational embezzlement claiming mistake of facts, the fact that the Defendant received subscription money, etc. from the offerer and consumed it while keeping it in custody is recognized, but the Defendant spent a portion equivalent to the commission fee, which is the price for the invitation of the offerer, so the crime of embezzlement is not established.

In addition, in relation to the forgery of the sales service contract under the name of L Co., Ltd. (hereinafter “instant sales service contract”), the exercise of the above investigation document, and the fraud, the representative director of L Co., Ltd. accepted the conclusion of the instant sales service contract at the time of receiving KRW 10 million transferred from M in accordance with the instant sales service contract. As such, each illegality of the use of the forgery of the private document and the use of the said investigation document is dismissed, and there was no deception as to the fraud.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of each of the facts charged.

B. The sentence of the lower court (three years of suspended sentence in June of one year and six months) that was unreasonably alleged in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) according to the sales agency contract concluded by the defendant with H on November 27, 2013, the defendant was entrusted with the affairs related to the sales agency of the land of this case by H. According to Article 7 of the above contract, the sales price is to be deposited into the trust company account designated by the executor. (ii) According to the above contract, the defendant has the right to receive the sales fee, but the above contract has the right to receive the sales fee. However, if the balance of the sales price deposited with the trust company account less KRW 1,30,000 per square year, the victim's deposit was made to H as the defendant account on the 15th day of each month and 30th day of each month, and (iii) the above contract without the consent of the victim.