The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles 1): the Defendant, with prior consent of the victim, used the proceeds from the sale of the screen golf course recorded in the facts charged (hereinafter “clock golf course in this case”) as investment funds in the type of scambling business and screening shooting range.

The crime of embezzlement can not be established against the defendant.

2) Fraudulent part: When borrowing money recorded in the facts charged (hereinafter “the money of this case”) from the Defendant, the Defendant had the ability to repay the money and actually used the money for business.

The defendant did not have any intention to commit deception or fraud.

B. The punishment of the lower court is heavy.

2. Determination

A. 1) In full view of the circumstances acknowledged by the lower court in the part of the crime of embezzlement and the following facts and circumstances admitted by the evidence examined by the lower court, the Defendant’s embezzlement can be acknowledged.

① The victim consistently asserts in the investigative agency, the lower court, and the appellate court, that “The Defendant did not consent in advance to the use of the proceeds from the instant screen golf course without distributing it to the victim, and the Defendant has already invested the proceeds from the sale in his/her own cryp business and the screen shooting range business after the sale of the instant screen golf course, and only agreed to the payment of KRW 180,000,000 per month by paying KRW 3 million around the end of December 2012.”

② On January 30, 2012, the body of the victim sent to the Defendant around January 30, 2012, “150 million won after a year shall not be guaranteed,” and the main sacity sasi sasi sasi sasi sasi sasi sasi saris

“.....”

From around that time, the Defendant sold promptly the amount lower than the amount the Defendant would wish to receive from the victim of the instant screen golf course, and invested the proceeds from the sale in preference to the business that the Defendant planned to do, and one year later.