A. In accordance with the resolution of the board of directors in the position of the chairperson of the victim clans (D clans), the defendant was only legally distributed to the members of the victim clans including the descendants Q 20, Q 20, and Q 20, Q 20, and the descendants of Q 20, Q 20, as well as the descendants of Q 20, Q 20, as well as the descendants of Q 20, Q 20, and was not arbitrarily disposed of, and there was no intention of embezzlement or unlawful acquisition.

B. The lower court’s sentence (two years of imprisonment, three years of suspended execution, and 120 hours of community service) against the Defendant is too unreasonable.

2. Determination

A. The court below rejected the assertion of mistake of facts and misapprehension of legal principles on the grounds of appeal by the defendant's assertion in detail under the title of "decision on the argument of the defendant and his defense counsel" in the judgment of the court below. According to this, the court below rejected the above argument: (1) since the resolution of the general meeting of the victim's clan is necessary to distribute the compensation money of this case to the land owned by the victim's clan in accordance with the victim's clan rules, the defendant who is the representative of the victim's clan cannot arbitrarily distribute the compensation money of this case without the resolution of the general meeting of the victim's clan; (2) the victim's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan' is a similar organization established at the time of establishment of the articles of association on May 4, 2003, ③ although the defendant was a non-permanent organization of the victim's clan's clan's clan's clan's clan's clan's clan's general meeting on 1201 and 4.