The appeal by the Defendants and the prosecutor shall be dismissed.

Summary of Grounds for Appeal

With respect to the alteration of a private document claiming the misunderstanding of facts (as to the part of the crime), and the use of a falsified document, the lower court convicted the Defendants, even though the Defendants did not engage in an alteration of the minutes of the instant clan.

The lower court’s punishment on each of the Defendants claiming unfair sentencing (700,000 won by fine) is too unreasonable.

With respect to the crime of occupational breach of trust by a prosecutor (not guilty part), if Defendant A did not do so even though there was a duty to sell the family list of this case at a reasonable price, or if it was judged difficult to sell it at a reasonable price, Defendant A did not do so after discussing the circumstances through a clan resolution, but did not do so, and processed it contrary to the purport of the delegation without confirming the intention of the delegating person, and thus constitutes a crime of occupational breach of trust. However, the lower court acquitted Defendant A of the charge of occupational breach of trust by misapprehending the legal doctrine.

Judgment

According to the evidence duly adopted and examined by the lower court regarding the determination of mistake of facts as to the Defendants’ assertion, the Defendants, as stated in the facts charged, have passed a resolution at a general meeting with the consent of the board of directors to all the members, as a civil case, for all the issues, such as the resolution of the general meeting and the embezzlement of cash for forging private documents, etc. regarding the Young-gu building. All the members agree.). It is sufficiently recognized that the Defendants

In particular, the witness H and I found the above additional entry in the court of the court below in the process of confirming the work for the period during which Defendant A was the chairperson at the general meeting of the clan on October 12, 2010 and X became the new chairperson on November 15, 2010.