A. In fact, the defendants paid KRW 50,000 to the repair cost of the other party's automobile due to the occurrence of a traffic accident that occurred while the defendants were on board a car in order to work, and the fire-fighting system repair work requiring a level of KRW 1.2 million was directly repaired by the defendants. Thus, the defendants cannot be deemed to have embezzled management expenses, but the court below found the defendants guilty of the facts charged in this case. Thus, the judgment of the court below

B. Each sentence of the lower court (the Defendants: 300,000 won each fine) against the illegal Defendants is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is the president of the Steering Committee for the Victim E in Busan-gu, Busan-do, who received management expenses from 75 residents to manage the execution affairs. Defendant B is a general manager of the damaged party, and Defendant B is a person assisting the work of Defendant A.

1) The Defendants engaged in occupational embezzlement of KRW 50,000, while keeping the management expenses owned by the victim in the Busan Bank account in the F’s name. On April 12, 2016, the Defendants embezzled management expenses of KRW 50,000 for the use of Defendant A’s compensation expenses for traffic accident.

2) The Defendants engaged in occupational embezzlement of KRW 573,000, while keeping the management expenses owned by the victim in the Busan Bank account in the F’s name, the Defendants conspired on June 10, 2016 and embezzled management expenses of KRW 573,000 by arbitrarily withdrawing them in cash.

B. In light of the following circumstances acknowledged by the original judgment and the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and there is no error in the misapprehension of facts as alleged by the defendants, since the defendants can fully recognize the facts of embezzlement of the damaged person's management expenses as stated in the judgment of the court below.

1) Determination as to the part of paragraph 1 of the holding 1 G;