The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim F is in violation of the partnership agreement with the defendant and withdraws from the partnership agreement, and the defendant is not in the position of a person who holds the victim's money, and since the defendant uses the money for business purposes, there is no intention of unlawful acquisition for the defendant.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. According to the records, when the defendant, G, and victim F entered into the instant partnership agreement on April 20, 2007, and when the defendant, G, and victim F did business with a third party without mutual agreement, they waive and transfer all of their rights, such as mining rights, etc., to the other party, and the offender has agreed to compensate the other party for the total amount of sales (Article 4 of the same partnership agreement), ② the victim entered into a partnership agreement with the LAWD as the representative director of the KABO on February 29, 2008, ③ the defendant notified the victim of the termination of the partnership agreement on April 22, 2008.

However, according to the evidence duly adopted and examined by the court below and the court below (the defendant and the defense counsel asserted that the statement made by the police and the prosecutor against the victim F is inadmissible, but the F appeared as a witness on the trial date and recognized the authenticity of each statement, and since the defense counsel cross-examines the contents of the statement, each of the above statements is admissible in accordance with Article 312 (4) of the Criminal Procedure Act). In other words, the following circumstances, which are ① between the defendant, G, and M of the investment trust agreement of April 21, 2008 (the investigative record No. 265, No. 23) was prepared, and the agreement was prepared between the defendant, G, and M of the investment trust agreement of April 21, 2008, stating that M of the investment trust agreement attached to the above business agreement will take over the victim's share of KRW 2 billion, but the victim F is the victim M of the investment trust in this case with the defendant.