The defendant shall be innocent.

1. Since the Defendant was in charge of managing the property of a clan as a general member of the clan B (hereinafter “instant clan”) from August 21, 2010 to March 29, 2015, the Defendant had a duty to pay the clan funds only for the purpose related to the business of the clan.

Nevertheless, the Defendant, while using each of the agricultural cooperatives accounts under the name of the former president C and D, has no separate account for managing clan funds at the time, has withdrawn funds from the account in cash and kept and managed them for business purposes on October 16, 2010, and has used KRW 500,000 for a total of 194 times until August 20, 2014, as shown in the attached list of crimes, as shown in the attached list of crimes, 30,910,500 for a total of 194 times from August 20, 2014.

2. Determination

A. According to the evidence duly admitted and examined by this Court, the following facts are recognized.

① The instant clan held an extraordinary general meeting of August 21, 2010 and appointed C as the president of C and the Defendant as the president.

② On January 30, 2013, C died, and accordingly, the instant clan held a general meeting as of March 30, 2013, and selects D’s children as the president of C as the president, while the Defendant was appointed as the general secretary.

③ The instant clan managed the property owned by it through a bank account in the name of C and D, which is the president. The Defendant, as the general secretary of the instant clan, appears to have withdrawn cash by using the said cards, and then disbursed cash. Moreover, the account in the name of C is funds mainly in the form of loan loan account (such as a small-scale bank passbook).