1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the main claim

A. On March 2005, the Plaintiff agreed to send the fixed price of “F” written by the Plaintiff to the Plaintiff as KRW 3,00,00. The Defendant sold the said book to the Music Research Institute, etc. at KRW 1,800 (=3,000 x 0.6) at the fixed price and received the sales proceeds, and then the Defendant brought about 450 won (3,000 x 0.15 x 00 x 0.15 x 350 x 00 x 0.45) for the remainder of KRW 1,350 (3,00 x 3,00 x 0 x 0 0 x 0 0 0 x 45) from March 10, 2005 to November 28, 2006; the Plaintiff received the sales proceeds from the Plaintiff’s 305 x 205 x 305 x 250 x 30 5 x 5 x 15 m.

The Defendant, around May 20, 2005, operated the business of selling the Plaintiff’s F50 shares in G Music Research Institute in KRW 90,000 (=50 shares x 1,800 won). The Plaintiff sent the F50 shares to the said Institute.

Although the Plaintiff was paid the sales proceeds pursuant to the above agreement, the Defendant, instead of the Plaintiff, did not pay the Plaintiff the remainder of KRW 67,500,000, except for the amount of KRW 22,500 (50 x 450 won) from the said private teaching institute (i.e., KRW 50). From that time, the Defendant embezzled the amount of KRW 1,863,00 by arbitrarily using the same method until October 5, 2005 without paying the Plaintiff KRW 1,863,00 as seen in the annexed crime list.

The first instance court (Seoul Northern District Court 2010 High Court 2563) that is considered below.