The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the indictment of mistake of facts or misapprehension of legal principles, a clan (hereinafter “the clan of this case”) recorded as a victim was based on a forged family clan, and there is no substantive substance that the “J” of the deceased as the co-helper K, and the “Linc” (hereinafter “Defendant clan”) alleged by the Defendant (hereinafter “Defendant clan”) made the “N” as a co-helper K with the “N” as a real person, which is the real person, the actual person. Since the Defendant delegated the Defendant with the authority to compensate for the expropriation of each real estate (hereinafter “each real estate of this case”) recorded in the facts charged by the resolution of the Defendant clan, the crime of embezzlement of the Defendant is not established.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The Defendant also asserted the above purport in the lower court.

The lower court rejected the Defendant’s assertion and its judgment in detail, and convicted the Defendant as to the facts charged in this case, on the grounds that the second to third to fifteen (15) of the judgment were stated in detail.

B. In addition to the circumstances cited by the lower court, the lower court’s decision is sufficiently acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles alleged by the Defendant.

1) V 족보와 M 전서 등의 자료들만으로는 이 사건 종중과 피고인 측 종중 가운데 어느 한 종중만이 진정한 종중이라고 단정하기 어렵다. ① 고소인 측은 자신들이 U공의 후손이라고 주장하고(U공파), 피고인 측은 T공의 후손이라고 주장한다(T공파). ② 당심 감정인 BQ의 감정결과에 따르면, V 1957년 족보 권지13(卷之十三) U공파의 계보(증거기록 제2권 제312쪽 이하) 중 ‘AI’의 6세 조상부터 부(父 에 이르기까지'AJ(字 AD), AK(字 AE), J(字 AL), AM 字 AF ,...