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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 100,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding, misunderstanding of the legal principles, the Defendant has the right to receive return from the mountain conference the father of a day out of the expenses paid to the mountain conference.
The court below found the defendant guilty of the facts charged in this case because he refused to return some of the funds of the mountain conference, and thus the defendant did not have any intention to obtain unlawful profits. The court below erred by misunderstanding the facts and misunderstanding the legal principles.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. The lower court, based on the evidence duly adopted and examined by the lower court, found the following circumstances: (i) was in charge of financial management of the mountain conference from 2013 to 2015, i.e., the total amount D of the mountain conference and the financial management of the mountain conference.
E In the police investigation, the Defendant paid 30,00 won each year from 2012 to 2014,225,000 won per year, and paid 30,000 won per annual fee in 2016, and paid 11,50,000 won per annual fee in total, and did not return 630,000 won, and he did not arbitrarily receive 630,000 won from mountain conference because he did not return 20,000 won, but he did not return 20,000 won to the Defendant’s name and 30,000 won in total, and 30,000 won in mountain, 200,000 won in total, and 30,000 won in mountain, 200,000 won in total, and 300,000 won in the name and 20,000 won in such a way as to return 20,000 won in the above list.