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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is likely to purchase the real estate in the name of a clan at a price much higher than the market price while purchasing the real estate in the name of the clan, and there is a high possibility that part of the real estate purchase price was refunded from the seller. In such a case, the Defendant’s withdrawal of this case constitutes embezzlement because there is no claim against the clan
Nevertheless, since the court below did not properly examine whether the defendant was partially refunded from the seller and judged the defendant not guilty of the facts charged in this case, the court below erred in the misapprehension of legal principles and misconception of facts.
2. The summary of the facts charged is that the defendant, as the representative of the Korean clan, who was engaged in the business of managing the property of the said clan on August 31, 2013, was appointed by a new representative and transferred the business of the clans. However, the defendant continued to conduct the business of managing the property of the said clans without his/her share of money, while he/she kept the account of the Korean Bank E for the said clans for the said clans, on October 22, 2013, he/she was embezzled by using it in all around the time when he/she withdrawn 481,100,000 won from the said account at the time of his/her own U.S. Simpo-gu, Daejeon, Daejeon, without the resolution of the board of directors or without the consent of the board of directors of the said clans.
3. Determination
A. The lower court’s judgment determined as follows: (a) the Defendant, as the representative of a clan, entered into a contract to purchase KRW 66,446 square meters of Ginsan in the name of the clan on October 13, 2010 for the creation of a clan cemetery (hereinafter “instant real estate”) from H, etc. with KRW 1.145 million; (b) paid the down payment amount of KRW 200 million on the date of the contract; and thereafter, on October 29, 2010, the Defendant reported the purchase of the instant real estate to the clan board.