The defendant's appeal is dismissed.

On October 4, 2016, the Defendant, as stated in the facts charged, will preferentially pay KRW 10 million on the day when he receives cash sales amount from the shopping company shopping company on the day of receiving the provisional attachment, and by transferring “G” or removing the store, he will pay KRW 10 million in cash on the day when he receives the sales amount or the deposit money.

The phrase “” is inconsistent with the fact that it was intended to make repayment as above at the time, and thus, there was no intention to deceive the victim and acquire pecuniary benefits.

The punishment of the lower court (eight months of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

The following circumstances may be acknowledged according to the evidence duly adopted and investigated by the lower court regarding the assertion of mistake in fact.

The Defendant released provisional attachment and deposited KRW 2374,740,874 with the Defendant’s account on October 19, 2016, and the Defendant did not pay KRW 20 million to the victimized company as agreed upon, and paid KRW 30,000,000 out of the above money to N N, and deposited KRW 730,000 in cash (Evidence record, 70,96, 106, 159, 167). The Defendant, as a matter of course, was expected to receive KRW 47,43,00 from shopping from July 9, 2016 to July 19, 201, and the Defendant paid KRW 20,000 out of the above money to N, 30,000,000,000,000,000,000,000,000,000).