The judgment of the court of first instance, which recognized the defendant as a co-principal in the crime of embezzlement, is justifiable, and according to evidence, the defendant could have purchased the real estate in this case from the non-indicted as a clan property even after hearing the words of the clan property. Thus, the court of first instance, which recognized the defendant as a co-principal in the crime of embezzlement, did not contain any error in the law.

However, even if the defendant purchased the real estate of this case with the knowledge of the fact that it is a clan property in the original time, so long as the defendant conspireds to acquire it illegally from the administrator of the clan property at the time of the original time and does not purchase it, the defendant cannot be viewed as a joint principal offender in the crime of embezzlement. Thus, the judgment of the court of first instance that recognized the defendant as a joint principal offender in the crime of embezzlement of this case for the reasons as stated in its reasoning without examining this point is erroneous, and the judgment of the court of first instance that recognized the defendant as a joint principal offender in the crime of embezzlement of this case has an impact on the conclusion of the judgment, it is reasonable to discuss the appeal on this point, and the original judgment is remanded to the collegiate division of the Seoul Criminal Court. It is so decided as per Disposition by the

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho