The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) The transaction relationship between the Defendant and the victim was operated in such a way as to deduct the total amount of the outstanding amount from partial repayment on the premise of the existence of the outstanding amount accumulated in the past as a continuous transaction relationship with the Defendant and the victim, and the victim has allowed the existence of such attempted amount, and thus, the crime of embezzlement is not established.

(2) In light of the form of transaction between the Defendant and the victim indicated in the tax invoice, etc., the legal nature of the amount that the Defendant pays to the victim is merely that the Defendant paid to the injured party the fixed amount supplied by the injured party and that the Defendant is in the position of a person who

Since the defendant's act cannot be seen as a non-performance of civil liability, the act of the defendant is limited to the non-performance of civil liability.B. The punishment (one year and six months of imprisonment) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts and legal doctrine, the Defendant’s assertion by the Defendant is without merit, since the Defendant’s arbitrary use of the proceeds from sale of meat, etc., as stated in the lower judgment, while being kept for the victim, can be recognized as embezzlement.

① Around May 1, 2013, the Defendant entered into a lease agreement with the victim on the co-owners of the fixed landing point in D Mart operated by the Defendant, and agreed to calculate the sales amount sold from the Maart’s Maart’s Mat from the Mat to the national bank account of the said Mat’s Mat’s Mat’s Mat’s Mat’s Mat’s Mat’s convenience.

(2) Sales generated from Maart shall be entirely input into Mas; in the case of Maspers, Maspers shall be formulated so that the bar code can be separately entered and settled.