The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is reasonable for the defendant to use the money stated in the judgment of the court below.

However, the Defendant, at the time, considered that C used the above money in order to repay the money borrowed individually under the pretext of payment of personnel expenses, as the relationship in which C did not perform the obligation under the agreement entered into on August 26, 2008 between the Defendant and the Defendant (hereinafter “instant agreement”) and C did not have any property to be distributed to C even if C settled residual property in the relationship of embezzlement of the operating property.

Therefore, although the defendant did not recognize that the remaining property at the time was owned by others and did not have an intention to obtain unlawful acquisition, the judgment of the court below which convicted the defendant is erroneous in mistake of facts.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant and the defense counsel in the part of the assertion of mistake of facts discussed the same contents as the argument of mistake in the grounds of appeal, and the lower court rejected the above argument in detail in the “determination of the Defendant and the defense counsel’s argument” column. In addition to the above judgment of the lower court, in full view of the following circumstances recognized by the evidence duly adopted and investigated by the lower court and the lower court, the fact that the Defendant arbitrarily consumed and embezzled residual property based on the relationship of the same industry as indicated in the judgment of the lower

(1) On August 1, 2007, the Defendant and C established a Fdong Branch Office in Seoul (hereinafter “instant business establishment”) and operated each other, and entered into an agreement on August 1, 2007 with the following contents.

(hereinafter referred to as the "Business Partnership Agreement 2007"). The specific method of the business partnership is to provide services to the construction company in which the defendant recruits workers at the place of the business in this case and requires daily workers.