All appeals by the Defendants are dismissed.

1. The summary of grounds for appeal;

A. Defendant A’s victim is a person entrusted with the affairs related to the development of the D Village Housing Site from several parts, including the Defendants. If the Defendant did not refund the remaining money that he received under the pretext of the purchase price of land and the cost of site construction, etc., the Defendant’s statement to F, I, and J is not false, since it constitutes embezzlement in itself.

The Defendant refused the request of the Defendants to clarify the details of the purchase price of land and the cost of site development works, etc., and embezzled by the victim.

Since it was believed that the D Village Housing Site creation project was transparent, it was said that the victim embezzled to F, etc. for public purposes for the benefit of the entire interests of both parties, the illegality is excluded in accordance with Article 310 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. Defendant B merely pointed out only the problem of the management expenses collected by the injured party to the J, and did not speak that the injured party embezzled the purchase price, etc. of the land.

Even if Defendant B made the above remarks, Defendant B made such remarks.

Even if there is no performance, and it is not a statement of false facts as the reasons for appeal by Defendant A, and illegality is excluded in accordance with Article 310 of the Criminal Code.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① all the members recruited by the victim and the injured party shall invest the land purchase price and the cost of infrastructure construction in accordance with the area of the land to be sold.