The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and the victim of mistake of facts have a business relationship; (b) the victim voluntarily withdrawn and used money while managing the credit card sales account; (c) the Defendant used the cash sales account or deposited and managed it into the Defendant’s account to pay operating expenses, goods prices, etc.; and (d) the Defendant received only seven million won in total during the period of the business partnership for about four years; and (c) the Defendant received only the amount of KRW 7 million during the period of the business partnership for about four years; and (d) there was an implied agreement to use the sales proceeds acquired by the Defendant and the victim for each individual purpose as well as for the settlement of expenses incurred in the business; and (e) the Defendant does not have any intent of embezzlement

Nevertheless, the court below convicted the charged facts of this case, and there is an error of misunderstanding the facts.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, one year of suspended sentence, one year of probation) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances revealed through the judgment of the court below and the evidence duly adopted and investigated by the trial court on the assertion of mistake of facts: (i) the price of credit card sales between the defendant and the victim did not have any explicit agreement between the victim and the victim to use the price of cash sales at his own discretion and settle the accounts later; (ii) the defendant and the victim agreed to deposit the deposit management account in the victim's name when the cash sales occur, so it is sufficient to deposit it into the victim's name; (iii) the defendant kept it in cash or deposited it into the defendant's name; and (iv) the defendant did not have any special reason to deposit public funds with the personal account; and (iii) the defendant's freezing fee and the c).