The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Each written statement submitted by the Defendant’s defense counsel regarding the period for submitting the grounds of appeal shall be considered to the extent of supplement in case of supplement in the grounds of appeal.

1) As to the embezzlement of mistake of facts and misunderstanding of legal principles, ① recognized by the court below as a clan similar organization of a clan (hereinafter referred to as "similar clan") which uses the defendant's descendants as the defendant's descendants ex officio without any changes in the indictment, it is illegal that the court below actually infringes the defendant's right to defense beyond the scope of adjudication limited by the facts charged, and thus, it is unlawful.

② The clan of this case is not a similar clan, but a unique clan.

Since the F, who was appointed as the president of the instant clan, is not a legitimate representative, the defendant is not entitled to demand the return of the clan property, as it does not have the right to demand the return of the clan property, on the basis of the invalid general meeting resolution made by the male clan

Therefore, even if the defendant refused the F's demand for return of F's expropriation compensation, it cannot be considered as embezzlement.

③ The 1st farmland of this case (1,653 square meters, E) is the land owned jointly by the clan of this case and the clan of this case, the upper clan of which is the clan of this case, one half of each.

The clan of this case cannot claim the right of KRW 50,554,250 equivalent to half of the compensation for confinement of farmland No. 1 of this case. Thus, even if the defendant refused to return the said money and kept it as it is, it cannot be viewed as embezzlement.

④ The Defendant used KRW 800,617,109 out of the amount of the instant forest land (No. 34,215§³) and the amount of the instant farmland No. 1,104,376,250 for the purpose of the instant clan.

Therefore, even if the defendant embezzled the above confinement compensation, he is subject to embezzlement only 303,759,141 won after deducting the above money from the confinement compensation received by the defendant.