The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. On August 2017, the Defendant: (a) delivered a notice of the fact that a pre-paid deposit account to be paid by E (hereinafter “instant hotel”) from a hotel pre-paid business entity was changed from C (hereinafter “C”) that operated the instant hotel under the instant hotel operation right agreement; (b) considered that the pre-paid business entity would receive some of the pre-paid deposits deposited in the deposit account in the name of C after September 2017 from the hotel pre-paid business entity to pay the pre-paid money to C (hereinafter “victim D”); and (c) considered that the pre-paid business entity would receive some of the pre-paid money deposited in the deposit account in the name of C in an imminent situation where the supply of electricity of the instant hotel is unlikely to be properly made; and (d) said deposited money is merely used for the payment of electric charges and water charges for the benefit of the victim D.

Therefore, even if the Defendant did not constitute embezzlement, the lower court found the Defendant guilty of the instant facts charged by misapprehending the fact.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by the lower court, the following facts can be acknowledged. A) A (hereinafter “B”) newly constructed the instant hotel and sold the profits arising from the operation of the hotel to the sectional owners around 2014, and operated the instant hotel by allocating the profits arising from the operation of the hotel to the sectional owners.

B) B established C around March 2015 for the operation of the instant hotel, and around that time C operated and operated the instant hotel, and B operated the instant hotel by means of financial management of the instant hotel. (C) Since then, the instant hotel’s management has deteriorated, and since November 2016, the owners of the instant hotel did not receive the operating profit properly from around November 2016.