The judgment below

Among them, the part on embezzlement of November 6, 2007 is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is that the court below acquitted the defendant on the grounds that the status of custodian is not recognized. The court below erred by misapprehending the legal principles as to the property's identity and trust relation.

2. The summary of the facts charged in this case is the members of the clan C (hereinafter “the clan of this case”), and the clan of this case is composed of four clans D, E, F, and Gm.

However, the dispute within the clan remains because it tried to exclude Dmp and Fmp from the clan of this case on the ground that there was no mentioning about Dmp and Fmp's each time of Dmp. from the H newcom set up in 1498. On October 1997, the general meeting was held on November 20, 2004 when Emp-centered members collected and handled Dmp and Fmp were voluntarily withdrawn from the clan of this case. On November 10, 2005, the general meeting was held to prevent some members such as Dmp I from entering the clan of this case and to hold a general meeting to sell Dmp and Fmp from the clan of this case, and the defendant's proceeds from the sale of the clan of this case was decided to use the clan of this case as the common chairperson and the Standing Committee of this case.

The defendant, on September 11, 2006, sold the real estate of this case to the Central Central Construction Co., Ltd. (hereinafter referred to as the "Central Construction Co., Ltd.") on November 10, 2005, according to the resolution of the general assembly of November 10, 2005, and received KRW 812,700,000 from the National Agricultural Fund (O) accounts in the name of N, the chairperson of the clan of this case, and kept it for the defendant's business purposes.

The defendant shall pay and pay to the clan of this case on September 12, 2006 without the resolution of the general meeting or the board of directors of the clan.