The judgment below

The guilty part against Defendant A (the guilty part on February 28, 2012) is not guilty.

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and Sentencing in sentencing) (1) In the course of purchasing commemorative land, Defendant A received KRW 30 million out of the contract deposit from the seller I in the course of purchasing three parcels of land and its ground buildings outside Seoul J and 3 (hereinafter “J real estate”), but did not acquire KRW 50 million from the seller I.

It is sufficient that the seller would have paid 20 million won out of 50 million won as brokerage commission to the FO as an individual of real estate at the time of the contract by I.S.

Defendant

A keeps the above KRW 30 million, and it has been used as operating expenses of D.

In other words, around November 2014, KRW 50 million was deposited into the D operating expense account, and the amount of KRW 45 million was recovered, but around March 2016, it was deposited into the D operating expense and used as operating expense.

Therefore, the defendant A did not have the intention of embezzlement or illegal acquisition.

(2) Other related to the embezzlement in the course of purchasing or selling real estate (the crime No. 1-B as indicated in the judgment below) ① Money in attached Form No. 1-2 through 5 of the daily table of crime No. 1 in the judgment of the court below is attributed to Defendant A under the name of case expenses, and does not keep another’s property.

In other words, 2,00,000 won in the annexed crime table 1-2,00 won in the annexed crime table in the judgment of the court below was received from Z, R as meal expenses and meal expenses, and 3-2,00,000 won in the net is subject to audit according to the conclusion of the contract, and 4 times in the net is sent to AE with the intention to assist in solving its civil petitions, and each of the above money is irrelevant to D operating expenses and donations.

Nor. 5 million won was received from the Z, and it was received from the Z.

Even if the audit group received meal expenses, meal expenses, and expenses for the operation of D, it is not received as donations.

② The sum of KRW 26 million in the sum of KRW 10,600,000 per month of the daily list of crimes attached to the judgment of the original court was acquired in the process of purchasing the said J real estate.