The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant under title trust with the deceased F, who was the defendant's 1/2 share of the instant house, and the deceased F, who disposed of the said house in the amount of KRW 160 million, ordered the deceased F, other than the defendant, such as the defendant's mother M, to return an amount equivalent to each share of the above house out of the amount of KRW 80 million corresponding to a half of the disposal price of the instant house, and M did not delegate the affairs to the defendant's co-inheritors to allocate the balance of KRW 30,550,00 which he received from L to the co-inheritors, and therefore the defendant received the amount that the defendant should receive with the consent of the heir, such as C, etc., so it cannot be deemed that the defendant embezzled.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

2. The following circumstances acknowledged by the court below's duly adopted and examined the argument of mistake of facts: ① At the court below, the witness L was unable to attend an Ampha at the time of the preparation of the statement of performance in this case; Defendant, N, Q, andO was present at the time, Defendant demanded to prepare a statement of performance and demand the balance payment; Defendant was responsible for and distributed to the heir; and M was aware that he was the representative of co-inheritors; although M was the mother, the Defendant was aware that he was disposing of all kinds of activities under M and the co-inheritors; M was in a situation where the body was difficult; ② M was lacking in capacity to pay the balance on behalf of co-inheritors; ③ in the court below, it is difficult to view that the Defendant decided to pay the balance on behalf of the co-inheritors for the repayment of the judgment amount; ③ The Defendant ought to distribute the remainder to the co-inheritors other than the Defendant, but is aware of the fact that the remaining co-inheritors is to be distributed.