The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and mistake, the Defendant temporarily diverted the sales proceeds to the victim company to rent, etc., and the Defendant provided the victim company with sufficient physical security for the sales proceeds.

Therefore, the defendant had the intention to obtain unlawful acquisition.

However, the court below erred by misunderstanding the facts and misunderstanding the legal principles, although it cannot be seen otherwise.

B. The sentence sentenced by the lower court (four months of imprisonment, one year of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant also asserted the same as the grounds for appeal in this part, but the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning.

The judgment below

In addition to the following circumstances known by the records, such judgment of the court below is just and acceptable, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

1) In the court below’s determination, G employees of the victim company stated to the effect that “the victim company consented to “the temporary use of the sales proceeds to the Defendant,” as well as that “the Defendant would be able to temporarily use the sales proceeds to the victim company.”

2) The court below stated that “F employees of the victim company rejected the return of goods supplied by the victim company as well as sales proceeds, and the victim company exceeded KRW 200 million in value of the goods already supplied at the time when the right to collateral security was exercised.”

3) The Defendant is deemed to have provided physical security related to sales proceeds, such as setting up a right to collateral security with a maximum amount of KRW 20 million and KRW 200 million in cash in the victim company. However, the Defendant’s sales proceeds that the Defendant did not pay to the victim company are KRW 95,162,171.