The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant received a donation of the money indicated in the facts charged as a prize after being recognized by C clan clan clan clans, and the Defendant was merely entitled to grant a subsidy for promoting booms, the ownership of the said money was attributed to the Defendant, and the Defendant has the authority to dispose of the said money.

Even if the defendant's act constitutes embezzlement, the victim should not be a "C clan clan" as stated in the facts charged, but a "D clan". Thus, the defendant cannot be found guilty of the facts charged unless the victim changes the victim in accordance with lawful procedures for changing the indictment.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of misunderstanding of facts and legal principles is based on the evidence duly adopted and investigated, i.e., the following circumstances acknowledged by the lower court, i.e., ① the Defendant, along with M, J, and K, shall receive KRW 400 million paid as subsidies for the development and activation of the clan clan members before receiving the money as stated in the facts charged of this case, and shall pay the gift tax faithfully, and the subsidies paid at the clan members’ meeting shall be treated in a reasonable and smooth manner with the signing of the following signatures by the parties, and shall be treated as the subsidies paid at the clan members’ meeting, and shall be jointly signed with the proof of his/her seal imprint that all civil and criminal responsibilities should be imposed upon the occurrence of the problem

“At the time of the filing of an objection or demand for return with respect to the voluntary consumption of the said money from the members of the clans Association (Evidence No. 134-143 of the evidence record), the Defendant expressed his intention to return the said money to the above clans Association.