The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not properly proceed with the general affairs and the transfer process and did not refuse to return the account books with the intent of embezzlement.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined at the lower court as to the assertion of mistake of facts: ① the victim clan held a general meeting on November 22, 2015 and passed a resolution to appoint nine operating staff, including the president G, the president H, I, the secretary I, the secretary K, and directors L; ② the victim clan G is the victim’s chairperson, through a certification of contents around January 12, 2016, all of a series of lawsuits that deny the status of the president, the vice president, the auditor, and the secretary appointed from the victim clan through the extraordinary general meeting were dismissed, and thus, the defendant sent to the defendant a certificate of contents requiring the return of documents related to the financial affairs of the victim’s clan to him/her on or around January 15, 2016; ③ the resolution of the lower court’s appointment of the president and the vice president’s appointment of the general meeting on August 18, 2013, which was recognized as valid, is dismissed.