The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant, under the direction of F, the president of the victimized person, arbitrarily used the funds of the victim’s association, and the Defendant did not solely embezzled the funds of the victim.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, an illegally obtained intent in the relevant legal doctrine refers to an intention to dispose of another’s property without authority as if the person, who keeps another’s property, is against the intent of the entrustment with the intent of seeking the benefit of himself/herself or a third party.

Therefore, in cases where a custodian disposes of property against the owner’s interest for his/her own or a third party’s interest, an intent to acquire the property may be recognized (see, e.g., Supreme Court Decision 2013Do658, Aug. 30, 2016). In cases where the court recognizes that a person who was prosecuted as a joint principal offender committed the same crime as a single principal offender, it is not necessarily necessary to amend the bill of indictment in cases where it is not likely to cause substantial disadvantage to the defendant’s exercise of his/her right of defense (see, e.g., Supreme Court Decision 2006Do3583, Sept. 6, 2007).

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below, it can be recognized that the defendant used the victim's funds as the office manager in charge of managing the victim's funds and embezzled them against the purpose of entrustment.

This part of the defendant's assertion is without merit.

A) The Defendant, from August 201 to September 2015, served as the secretary of the victimized person, kept and executed the victim’s funds, and managed the accounts thereof.

The F served as the president of the injured party during the above period.

B) The Defendant from September 201 to September 201.