The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts: (a) leased 32 sets and 32 server servers owned by the victim company, which was leased from the victim company Howawa Co., Ltd. (hereinafter “victim company”) (hereinafter “the victim company”), as the Defendant leased 32 sets and 1 servers owned by the victim company; (b) it does not constitute embezzlement of selling them.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. The following circumstances revealed in the judgment of the court below on the assertion of mistake of facts: (i) the Defendant entered into a cooperation contract with the victim company on February 20, 2009 with the purpose of supplying digital film content and maintaining and repairing the system, etc. and agreed to attract new subscribers to receive the film content from the victim company and to be responsible for the storage and maintenance of the server and its accessory equipment supplied by the victim company; (ii) according to the above agreement, the Defendant had the victim company provide the film content to the F Hotel operated by G; (iii) the Defendant had the victim company provide the film content to each guest room; (iv) in order to supply the film content to the F Hotel, the victim company had to install one server and three saw 58 (the above equipment is a device showing only the film content provided by the victim company; and (v) the victim company has leased the film content to the victim company and three 100 15 10 10 10 10 1 1 20 1 20 1 1 20 1 20 1 2 1 1 1 20 2 1 1 1 20 1 1. 2 3 2