The judgment of the court below is reversed.

Defendants are not guilty.

1. The summary of the grounds for appeal (the mistake of facts or the defendant and defense counsel for the misapprehension of legal principles are asserting only the mistake of facts in the grounds for appeal and the pleading as the explicit grounds for appeal. However, in light of the purport of the argument, the defendants are trying to make a mistake of facts and misapprehension of legal principles in light of the purport of the argument.) The contents stated in the content certification of September 22

In other words, at the time of H, the Defendants expressed that the executive part of the clan was trying to set up KRW 250 million out of the sales amount, and such circumstances actually appear in the minutes of the clan Council on September 12, 2015.

In addition, there was a defect in violation of the articles of incorporation in the course of resolution for sale of F Forest and Forest land in the state of female property, so it was a situation in which the morality and transparency can be raised with respect to the work of enforcement department at the time.

Even if there was no intention of embezzlement to the clan executive branch, it is reasonable for the Defendants to believe that such fact was true, in light of the above circumstances, and sending the content certification to G et al., the buyer, for the benefit of the clan. Therefore, illegality is excluded in accordance with Article 310 of the Criminal Act.

2. The defendants and victims of the charges are the members of the C clan, who were directors of the said clan, and the victims D are the members of the said clan, and the victims E were the members of the said clan.

The victims were the executive officers of the above clans, and from June 2015, the victims had been holding several meetings of the board of directors and special meetings of the clans in order to discuss the issue of selling the forest land owned by the above clans in the F of the Sinju from June 2015 to G.

The Defendants also disclosed that, around September 22, 2015, at the office of Mapo-gu Seoul Metropolitan Government Nowon-gu, “The Vice-Chairperson H was obtained from the executive organ of KRW 250 million (including victims) out of the purchase price in front of the head of Nowon-gu, Seoul.”