The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows, and the judgment of the court below convicts the charged facts of this case for the following reasons is erroneous, which affected the conclusion of the judgment.

The Defendant’s defense counsel asserted that the preliminary sentencing was unfair on April 5, 2018 at the fourth trial date, but this is not a legitimate ground for appeal, as it was filed after the appeal was not timely filed. A. The “village cleaning expenses” paid by nearby factories is not a village association, but paid to the Defendant to the Defendant. Thus, the Defendant is in the position of a custodian of the village cleaning expenses.

It is not possible to see that there is an intention to acquire illegal profits since the defendant actually used the above money as a village cleaning cost.

shall not be deemed to exist.

B. The term “compensation for roadside trees” paid by the Korea Road Corporation is compensation for trees owned by Defendant’s birth, and the Defendant was delegated by Defendant’s birth with the authority to dispose of the above compensation, and thus, the Defendant embezzled the above compensation for roadside trees.

shall not be deemed to exist.

2. Determination

A. The Defendant of the instant facts charged is a person who held office as a village head from January 2013 to February 2016, and was in charge of keeping and managing the Village Development Fund, etc.

1. The same year during which the Defendant, on August 27, 2015, was engaged in occupational embezzlement of village cleaning expenses, was transferred KRW 1.5 million from the factories located near E in the Defendant’s house located in Sincheon-si, Sincheon-si to the Nonghyup BankF, which is the account of C Village Association, for the purpose of village cleaning expenses to the damaged village residents.

8. To withdraw in cash and use it voluntarily under the name of the defendant's educational expenses for children, and the same year;

8. from 29. to 29.

9.1. The same year during the course of business keeping two million won from factories to the above account and for the residents of the C community of the damaged person.

9.7. Withdrawal in cash and the child of the defendant.