The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal is as follows: (a) the Defendants embezzled the Workers’ Accident Compensation Association (hereinafter referred to as the “Re-Union”)’s Fund at the Consultative Council of the Victims C Co., Ltd. (hereinafter referred to as “C”) (hereinafter referred to as the “victim’s In-house Consultative Council”) in light of the following circumstances:

Although the facts charged cannot be seen, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

In full view of the fact that all members of the victim’s intra-company consultative council (hereinafter “member company”) were cooperative C and engaged in a business including raising the above fund for a long time, members were aware that they did not pay contributions even though a large amount of funds, such as purchase of land for the business of building a dormitory, were invested, and members were aware that the Defendants personally borrowed funds and used them for the construction of a dormitory, the above member companies accepted the Defendants, explicitly or implicitly, regarding the use of the funds for the establishment of a dormitory by the Defendants.

must be viewed.

It was sufficiently predicted that the establishment of a dormitory was reported at several meetings, monthly meetings, etc. of the In-house Council, etc., members of the company did not pay a separate contribution, and since a separate budget was not organized for the establishment of a dormitory, it could be used for the establishment of a dormitory. Nevertheless, prior to the instant case, members of the company did not raise an objection or request for investigation in connection with the use of the AD Fund. At the special meeting of the In-house Council held on April 11, 2016, 61 companies were present at 80% of the total members of the company, and all of the members of the company participated at the special meeting of the In-house Council held on April 11, 2016, and all of the above members of the company provided the AD Fund as collateral for loans to the Z (hereinafter referred to as the “Z”) corporation and can be appropriated for the loans.

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