A defendant shall be punished by imprisonment for six months.

A. Since the Defendant did not manage the account (Account U) opened in the name of the chairperson of the victim D clan (hereinafter “victim D clan”), and K remitted the amount of KRW 98,965,769, which was agreed in advance to the Defendant’s account, the Defendant did not have any intent to obtain unlawful acquisition or embezzlement, the lower court convicted the Defendant of the instant charges by misapprehending the legal doctrine on the intent to make embezzlement or embezzlement in the crime of occupational embezzlement, or on the intent to obtain unlawful acquisition.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts or misapprehension of legal principles, in particular, the following facts and circumstances acknowledged by some statements in the court below's original judgment and the court below's original decision, witness R, Z, and K, which are: ① the defendant has been entrusted with the authority to claim compensation of this case by the victims other than the victim D's clan in order to receive compensation as stated in the facts constituting the crime in the judgment below (hereinafter "the compensation of this case"); ② the defendant, as the vice-chairperson of the victim D's clan, was the victim D's financial affairs, managed the victim D's personal seal impression; ③ The H H's personal seal impression (hereinafter "H"), the chairperson of the clan was also lent from K; ③ the issue of the property of the clan of the clan, which was disposed of by the general meeting of the victim of the clan, and the chairperson of the clan, who is the victim of the clan, divided the amount of compensation into the defendant and the victim's various expenses.