A. In fact, the injury inflicted by the Defendant by mistake of fact to E cannot be deemed as a result of normal performance of duties as the representative of the Victim C Council (hereinafter “victim Council”). Thus, the attorney’s fees for damages to E due to the above injury or for damages brought by E should be borne by the Defendant.

Nevertheless, the defendant paid compensation to E at the expense of the Victim Council and paid compensation to E, and thereafter, he did not exercise the right to indemnity against the defendant as a representative of the Victim Council.

As such, in light of the fact that the defendant arbitrarily uses the expenses of the victim council without the intent to exercise the victim council's right to indemnity, there was an intention to obtain unlawful profits.

The judgment of the court below which acquitted each of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (4 million won in penalty) is too unhued and unfair.

2. Determination

A. 1) On May 15, 2014, the Defendant and the Victim Council of this part of the facts charged filed a lawsuit by E on the grounds of the criminal facts No. 1-A as indicated in the judgment of the Gwangju District Court in the damages lawsuit filed by the Defendant and the Victim Council on the grounds of the instant case, “The Defendant and the Victim Council jointly and severally pay to E the amount of KRW 4,562,983 and the delayed damages,” was sentenced to a provisional execution sentence, and the appeal was lodged, but the judgment became final and conclusive upon receiving a final judgment dismissing the appeal on November 21, 2014.

A) The Defendant’s act is not a normal and ordinary performance of duties, and thus the Defendant directly bears the full amount of damages arising from the result of the said civil lawsuit or bears the final burden by exercising the right to indemnity of the victim’s council.