The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts (limited to embezzlement among the facts charged) the Defendant used KRW 3 million for the sale price of the vehicle with the victim L with the consent of L.

Nevertheless, the judgment of the court below that found the embezzlement among the facts charged in this case guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the Defendant, among the facts charged in the instant case, recognized all of the frauds, and against the Defendant, the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. Although the victim L's assertion of mistake of facts consistently made up for the new installment from the investigative agency to the court of the trial, the defendant voluntarily used three million won, and even if examining all records, there is no evidence to suspect the credibility of the victim's statement.

The Defendant stated at the investigative agency that “the sales price of the low-priced car used by the Victim L was 3 million won in his custody, and some of the money was purchased of clothes, etc. of the L clothes shop operated by the victim at the time, and the remainder was transferred by transferring the installments of the new car purchased by the victim between 460,000 won and 6-7 months each month.”

(226 pages, 339 pages), however, there is no evidence to prove the defendant's assertion.

Furthermore, the above low-est vehicle appears to have been in the name of R, the father of the victim L. (the trial record 165 pages). Since L and R had purchased the above vehicle under the name of L, the new vehicle immediately on the market, and L and R had a burden of the above installment (17 pages of the trial record), there is sufficient reason to appropriate the vehicle sales price for the new installment. Of the vehicle sales price of five million won, 2 million won was used for the payment of the previous vehicle registration tax (the trial record 166 pages), the defendant kept the remainder of three million won in his own custody, and used it as alleged.