A. Since real estate listed in the facts charged by mistake of facts and misapprehension of legal principles (hereinafter “the instant real estate”) is not owned by E, but owned by AT, a registration number, an unincorporated association, which is not a separate legal entity, and is not owned by K, the Defendant’s embezzlement is not recognized.

Even if the instant real estate is owned by E as a result of the Buddhist Cho Jong-sung, the Defendant was unable to recognize the ownership of the instant real estate, and the Defendant did not obtain the consent of the Buddhist Cho-sung while disposing of the instant real estate, and used the money acquired by disposing of the instant real estate for inspection, and thus, the Defendant had an intention to acquire unlawful acquisition in the crime of embezzlement.

shall not be deemed to exist.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in the misunderstanding of facts and legal principles.

B. The punishment of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged in its determination as to the assertion that the instant real estate was not owned by E under the Buddhist Cho Jong-sung.

① In around 1937, E is a sound temple created by AF and AG, and AI (legal name: AU) was known from around 1972 to the request of AF and AG, and managed the said inspection.

② On October 15, 1973, AI applied for the registration of inspection in the non-intersection of inspection, submitted a list of the inspection property and a written consent for the change of the ownership of the inspection property. On October 2, 1973, the non-intersection of inspection was registered as an inspection belonging to AJ bridge D, and around 1979, AI was appointed as E.

③ On November 24, 2008, AI succeeded to AM (legal name: AV)’s right to create a new house. AM, when it died in around 2013, has been designated as a subject of succession to the establishment of a new house. However, NN gives up all the rights of E creative house upon September 2013.