The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Of the amount of embezzlement as stated in the facts charged of mistake of facts, the Defendant’s withdrawal of KRW 10 million from July 26, 2017 to 12:04 (hereinafter “the amount of money in this part”) should be excluded from the amount of embezzlement because it was used for the development project of the electric housing complex. However, the lower court erred by misconception of facts that the Defendant embezzled this part of the money.

B. The lower court’s imprisonment (seven months of imprisonment) against the Defendant is too unreasonable.

Judgment

A. 1) The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part. Accordingly, the lower court rejected the Defendant’s assertion that the Defendant embezzled the money as stated in the facts charged, including this part of the charges, from the victim according to the evidence duly adopted and examined by the lower court. 2) The lower court rejected the Defendant’s assertion as follows: (i) the following circumstances revealed by the evidence duly adopted and investigated by the lower court; (ii) the Defendant stated that the Defendant embezzled this part of the money from the investigative agency; (iii) the Defendant voluntarily withdrawn the money from the HF account in the victim’s name to use it for personal purposes, such as living expenses; and (iii) the Defendant failed to submit relevant materials by asserting that the money was used for the development project of the Electric Complex; and (iv) the Defendant did not receive related materials, such as receipts.

In full view of the fact that it is difficult to understand or receive, the decision of the court below to the same purport is just, and it does not seem that there is an error of mistake of facts as argued by the defendant.

This part of the defendant.