The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The Defendant, in collusion with D, has not embezzled the total amount of time deposits owned by the clan C (hereinafter referred to as the “family”) 787,473,916 [1.50 million won for the time deposit with the Daegu Bank, which was weak from March 3, 2008, and 2.37,473,916 won for the time deposit with the National Bank, which was weak from April 19, 2010].

In other words, the above KRW 50 million was in charge of the general affairs on behalf of or on behalf of the defendant.

D Sending money to the effect that “it is necessary for the return, etc. of deposits for lease of multi-households owned by a clan”

It was remitted to the request, and ② the above 737,473,916 won was remitted for the purpose of keeping or managing the general affairs of a clan to D who was newly assigned to the general affairs of a clan in accordance with the transfer of the general affairs of a clan, and all of them were permitted by the clan executive members at the time of each transfer.

At the time, the defendant was not aware that D was embezzlement of all the above money.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case by misunderstanding the facts, which affected the conclusion of the judgment, considering that I (the president of the clan at that time), H (the auditor of the clan at that time), G (the president of the clan, and the complainant of the clan)

Although sentencing is unfair, even if the facts charged in this case are found guilty, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

The summary of the facts charged regarding the assertion of mistake is the defendant's member of the victim's clan, from March 2007 to May 201, 2010, who is in charge of managing and keeping the property of the clan as the member of the above clan, and D is the relative member of the defendant.

Around March 2007, the Defendant was deposited in the Daegu Bank in the name of the Defendant, a bank account in the name of the Defendant, a national bank account in the name of “A”, etc. and kept in his/her business after being transferred the entire deposits of a clan from the full-time general secretary E on March 2007. The Defendant’s wife, from around 2005 to several times, was loaned money, a housing loan, and a security loan.