The defendant's appeal is dismissed.

1. The judgment of the court below which found the defendant guilty of the facts charged in this case as C is the defendant and the proceeds from the sale of beef of this case were used for personal purposes, and the defendant was also damaged.

2. According to the evidence duly adopted and examined by the court below, the defendant agreed to use the beef products supplied to the victim for opening business due to the shortage of funds from the commencement of the beef business with the victim C while the defendant had been running the beef business with C and E (hereinafter referred to as E). The defendant called the victim for "the price of the beef supplied to the victim for cash not exceeding 3 days per week by supplying 2 ton of oriental milk," and sent a copy of the E certificate of business registration to the victim at the victim's request. Accordingly, the victim supplied 10,789,90 won to the customer designated by C (hereinafter referred to as "the beef products of this case"). The defendant and C at the time were unable to receive funds to the extent that the funds were insufficient, and even if the beef products of this case were supplied from the victim, the defendant and the victim could not be paid the funds of this case as if they were supplied with the beef products of this case, the defendant and the victim did not have the intent to pay the funds of this case within 3 days.

Therefore, it constitutes fraud, and C is against the agreement with the defendant, the sale price of the beef in this case.