The defendant's appeal is dismissed.

1. The court below found the Defendant not guilty of embezzlement of C and fraud of D among the facts charged in the instant case, and found the Defendant guilty of the remaining facts charged. Only the Defendant appealed the guilty portion among the judgment below, and the Defendant did not appeal both the Defendant and the prosecutor with respect to the acquitted portion, and this part was separated and finalized as it is.

Therefore, the non-guilty part of the judgment of the court below is excluded from the scope of trial.

2. Summary of grounds for appeal;

A. In relation to the embezzlement, misunderstanding of facts and legal principles 1), the Defendant returned to M the remainder of 3 million won, excluding the remainder of 7 million won paid as the actual agreed amount, among the 10 million won received from the injured party under the pretext of agreement, after a long period of time. M only used it without returning it to the injured party, and the Defendant did not embezzled the above 3 million won.

2) With respect to the fraud, the Defendant did not commit the above crime.

B. The lower court’s sentence against an unfair defendant in sentencing (a fine of KRW 500,00 for fraud as stated in the lower judgment, and a fine of KRW 800,00 for the remaining crimes, 2 years of probation, observation of protection, community service, etc.) is too unreasonable.

3. Determination as to the misapprehension of facts and misapprehension of legal principles

A. According to the evidence duly admitted and examined by the court below and the court below, the defendant was aware of the fact that he had been aware of.

M In order to request the victim to agree with the G in relation to the case in which the victim injured the G, etc. on June 15, 2015, the victim would have been aware of the victim's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's agreement of 10 million won is concluded.

The defendant received the remittance of KRW 10 million from the injured party on July 16, 2015. On July 21, 2015, the defendant prepared a written agreement to agree on KRW 7 million with respect to the above case, if he met with H around July 21, 2015.