A. In the absence of legal advice for a clan-related litigation, the defendant has paid 2 million won of the money owned by D clan (hereinafter "the clan of this case") to E certified judicial scrivener in the name of legal advice, and it is not used for personal purposes. Therefore, the judgment of the court below is erroneous in the misapprehension of facts.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The court below asserted that the defendant paid 2 million won in cash on December 29, 2008, and 100,000 won in cash on March 4, 2009 (the cash on March 4, 2008) from the funds of the clan of this case to E certified judicial scrivener and paid 3,00,000 won as legal counsel fees, although there are circumstances in which E judicial scrivener issued a simplified receipt for the above 3 million won, the defendant was a general secretary in charge of the execution of clan funds, who received objective evidence, such as account transfer or tax invoice, and did not clearly state the grounds for the payment, and processed the disbursement only in a simple receipt as above without having been issued the above evidence, in light of the existing work behavior of the defendant, and ② the defendant was appointed a lawyer at the time of the above disbursement in a case related to the clan, and it is difficult to use the defendant's legal counsel and the defendant's legal counsel's statement to the effect that it was not necessary to provide 1000,0000 won in the receipts (the above 1).

However, the money received by E from the Defendant is one million won as a check.