The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case by misunderstanding the facts, even though he did not gain any profit through the commercial instruction and did not intend to commit the crime of embezzlement.

B. The sentence of the lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the written application for the establishment of the suspect treatment securities account and the written statement of transactions in the securities account in the name of the defendant, the transaction of stocks through the Defendant’s account was commenced with the sale price of stocks issued by Hanjin Shipping Co., Ltd. owned by the victim (the opening date of this account also refers to August 10, 2004, such as the date the Defendant first entered 200,000 shares) and the Defendant’s withdrawal from the victim company after October 31, 2005 led to the same transaction of stocks after the Defendant retired from the victim company and the balance of the account (the balance exceeding 1 billion won as of the 17th day of the same month, which was the time when the Defendant retired from the company) did not seem to be scambling (if such transaction was made by the direction of management of the victim company as argued by the defendant, such stocks should have been arranged until the time when the Defendant retired from the company), and rather, the court below acknowledged that the Defendant intentionally withdrawn the cash account from the same account to the Defendant’s name.

Therefore, the other defendant's argument is without merit.

B. The Defendant had no record of criminal punishment at the time of the instant crime, and the judgment on the allegation of unfair sentencing became final and conclusive.