The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was using the money received from the victim C (hereinafter “victim”) for the purpose of joint business, and thus cannot be deemed as embezzlement. The Defendant had the intent and ability to repay 4.3 million won to the victim, and thus, is not constituted a crime of fraud.

B. The sentence of the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of facts and evidence duly adopted and examined at the trial court and the trial court, namely, ① the victim and the defendant agreed to invest KRW 100 million out of KRW 200 million in the Defendant’s joint loan from E around November 2010, and the defendant ordered to transfer KRW 47 million to D without the victim’s consent, and the defendant paid a balance of KRW 4.3 million to the damaged party on June 2012, the Defendant stated that “The victim and the defendant borrowed KRW 4.3 million from the Defendant 4,000,000,000,0000,000,000,000,000,000 won from the Defendant’s private loan from the Defendant 2,000,000,000 won from the Defendant’s private loan, and there was no further agreement from the Defendant 4,700,000,000 won from the Defendant’s private loan.”