The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Even if the chairperson of the clan C (hereinafter “the clan of this case”) who is the petitioner of the misunderstanding of facts or misapprehension of the legal principles, he did not request the head of the clan which is the object of this case and the transfer of the rent revenue, even though he appointed a director according to the rules of the clan and formed an executive staff.

The profit from the above rent is about Hong-gun L and M, which is owned by the defendant as the president by the lower court at the time of gathering.

Ultimately, the Defendant merely refused to return with justifiable grounds, and did not keep the same with the intent of unlawful acquisition as stated in the facts charged of the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. In light of the background behind the Defendant’s rejection of the return of the head of a clan and the revenue, the sentence (two million won penalty) that the lower court rendered is too unreasonable.

2. Determination

A. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant refused to refund the rent to the head of the clan without a justifiable reason and embezzled it.

full recognition may be accepted.

The defendant's assertion of mistake or misunderstanding of legal principles is without merit.

1) On August 18, 2013, in a lawsuit involving dispute over the validity of a resolution to appoint E, which was adopted by the resolution of the special general meeting of the person, as the chairperson, the Daejeon High Court, on August 26, 2015, ruled that the resolution to appoint E as the chairperson is valid, but the above resolution to revise the clan rules and the part of the resolution to appoint directors was null and void at the above special meeting, and the above decision became final and conclusive on December 28, 2015.

2) Even according to Article 9 of the Code of the clans, which had been enforced before the resolution of amendment was adopted at the above extraordinary general meeting, the Chairperson shall do so.