A. Since the victims of misunderstanding of facts or misunderstanding of legal principles have embezzled public funds of the Korean Senior Citizens Association B (hereinafter “the Korean Senior Citizens Association”), the Defendant did not indicate false facts.

Even if the statement by the defendant is not true, the defendant believed it as true and there are reasonable grounds to believe it, and thus, it does not constitute a crime of illegality.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

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

2. Determination

A. The following circumstances, which were duly admitted by the court below, were determined on the assertion of mistake of facts or misapprehension of legal principles: (i) the Defendant: (a) stated that the victims did not disclose accounting data to the public so that they did not confirm whether they embezzled; (b) the Defendant stated that the victims have embezzled the amount used for transportation expenses, etc. among the details of the subsidies granted by the elderly Congress in 2018; (c) while the Defendant stated that the victims have embezzled the amount used for transportation expenses, etc.; (d) the Defendant was recognized as an item that can be used within the regulations and rules (120 pages of the investigation record); and (e) the Defendant was in the demonstration without hearing any answer despite having filed a petition for embezzlement against G with the Defendant (after the Defendant, he did not discover illegal use, and may use it as transportation expenses and activity expenses).