The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is without establishing the crime of embezzlement, inasmuch as the Defendant: (a) received money from the victims as indicated in the judgment of the court below for the registration of preservation of ownership on the lending of funds as indicated in the judgment of the court below (hereinafter “the lending of this case”); and (b) received the money from them, and

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. According to the evidence duly adopted and examined by the lower court, the Defendant, from October 13, 2014 to October 22, 2014, received KRW 43,100,000 from the victims of the instant case the sum of the registration cost for the ownership preservation of the loan from October 22, 2014, and then arbitrarily used it as the office operation expenses, etc. of the Defendant’s office.

On the other hand, the defendant asserts, as stated in Paragraph 1, that the crime of embezzlement is not established on the ground that "the defendant has completed the preservation of ownership of the loan of this case after receiving money from the victims for the purpose of completing the registration of preservation of ownership."

However, according to the above evidence, the following facts are merely the circumstances after the crime was committed: “The reason why the preservation registration was completed by bearing the registration expenses for the ownership preservation of the loan of this case in the process of receiving the construction expenses paid in substitutes by M&, the representative of the subcontractor of the New Loan Construction Corporation around December 29, 2014, after the establishment of the crime of this case.” The above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.