A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) The sales contract for the above victim’s real estate (hereinafter “instant sales contract”) concluded with the FF (hereinafter “F”) without going through lawful general assembly and board of directors, etc. of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) (hereinafter “victim’s clan”) and the subsequent transfer of ownership is clearly null and void, and there is no risk of incurring property damage to the victim’s clan at all, and it does not constitute the elements of the crime of breach of trust.

In addition, the Defendant did not enter into the above sales contract as a general secretary and a president acting for the victim clan, but did not seem to have been able to have been resolved through a long-standing property dispute between large houses and small houses. As such, the Defendant acted as a general secretary and an acting president for only a large scale of the ownership of the said real estate, and as an acting president, the crime of breach of trust against the victim clan cannot be established, apart from the establishment of larceny.

B) Of this part of the charges of occupational embezzlement, the part of KRW 5,850,486 in the charges of occupational embezzlement is acknowledged as being personally used. However, even though the remaining 60,370,587 won was used for a clan event, such as the probationary expenses, the court below did not find evidence and did not submit it. 2) The sentence of imprisonment (two years) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), the Defendant asserted the same purport as the grounds for appeal in the original judgment, and the lower court stated in Article 3-A and B of the "Decision on the argument of the Defendant and the defense counsel."