Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts and misunderstanding of legal principles that the defendant used the money of the injured clan C (hereinafter "the clan") as his medical expenses, drug purchase expenses, telephone fees, etc. but the defendant did not go through a prior resolution on the settlement of expenses. However, in light of the fact that the defendant's use of the money of the clan as above is "an affirmative consent" or "an act that does not violate the social rules" of the clan members or "an act that uses the money of the clan", but the court below erred in the misapprehension of legal principles as to the constructive consent or legitimate act.

B. The sentence (five million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts and misapprehension of legal principles, it is recognized that part of the clan funds that the defendant kept for business purposes as stated in the facts charged in this case were used for his own medical expenses, drug purchase expenses, telephone charges, etc.

It is not punishable (see Article 20 of the Criminal Act). Even if the consent of the victim is not immediately obtained, if the consent of the victim is clearly expected, it shall be deemed that there was an presumed consent of the victim. However, even if the defendant used a clan fund for the above purpose as a general member of a clan, as alleged by the defendant, even if he used the clan fund for the above purpose, it cannot be recognized that the direct causal relationship between the medical expenses, pharmaceutical expenses, and telephone fees of the clan and the defendant.