The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the process of receiving a loan of KRW 6 million through the Defendant, the victim D had to deduct the amount of KRW 3.5 million from the amount of KRW 6.5 million that the Defendant had held against the victim, so the amount of embezzlement is not more than KRW 6 million as stated in the facts charged, but more than KRW 2.5 million.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the victim D agreed to obtain a loan of KRW 150 million through the Defendant, and the first loan was made on May 21, 2013 and deposited at the victim’s account on May 21, 2013; the Defendant withdrawn and paid KRW 6 million to the victim as a fee for an additional loan; and the victim paid KRW 10 million on May 21, 2013; the Defendant arbitrarily used the above KRW 6 million received from the victim at around that time; the Defendant did not receive an additional loan of KRW 10 million; the Defendant’s parents and the victim paid KRW 3.5 million to the Defendant for the victim on May 21, 2013.

According to the above facts, the defendant is recognized to have embezzled by using at his own discretion 6 million won, which was kept for the victim.

After that, the parents and the victim agreed that the amount of the money that the defendant spent on behalf of the victim was 3.5 million won.

This situation does not affect the crime of embezzlement already established.

Therefore, the defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing, it should be taken into account that the defendant's consent with the victim D or U is not subject to the punishment of the defendant, and that the degree of damage caused by each of the crimes of this case is not much serious.