The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not receive KRW 10 million from B in cash, misunderstanding of facts and misunderstanding of legal principles.

Nevertheless, the lower court found the Defendant guilty of the facts charged solely with the statements of B and E falling short of credibility.

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

2. The lower court also rejected the Defendant’s assertion on mistake of facts and misapprehension of legal doctrine, based on the circumstances indicated in its holding.

In addition to the following circumstances acknowledged by the evidence duly admitted by the court below and the court below, it is sufficiently recognized that the defendant refused to return even after receiving KRW 10 million from the victim B while the defendant was in custody.

The defendant's argument of mistake of facts and law is without merit.

(1) The Defendant is a partner of the victim, and even before the instant case, he/she received money from the victim and transferred money to another person according to the direction of the victim.

In this regard, the Defendant stated to the effect that he did not have a accounting employee in the victim’s company and was able to believe that he was friendly.

② From the initial stage of the investigation, the victim stated that he had been consistently in cash the Defendant paid KRW 10 million for the first time in July 2017.

In addition, on July 20, 2017, cash amounting to KRW 10 million was deposited in the Defendant’s account on deposit, and on July 30, 2017, the Defendant sent text messages to the Defendant on July 30, 2017, stating that “the Defendant sent it as soon as possible because the promise with the Defendant was delayed for five days or more,” and there is no objective evidence consistent with the victim’s statement, and the above statement is credibility.

③ On July 20, 2017, the Defendant deposited KRW 10 million into his/her own account, only deposited money from his/her spouse G, and further deposited money on August 1, 2017.