The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Summary of Grounds for Appeal

A. Defendant (Misunderstanding and misunderstanding of legal principles) 1) misunderstanding of facts as to the victim B (hereinafter “victim Corporation”) is the victim’s incorporated association

5,279,590 won (hereinafter “instant money”) for payment

(2) The Defendant and F, and G were disbursed from the temporary funds collected by each of the Defendant and F and G in the amount of KRW 3 million. As such, the Defendant’s claim for the payment of the instant funds to the damaged corporation is merely to restore the original state to its original state, there is no deception. In misunderstanding of legal principles, the Defendant’s claim for the payment of the instant funds to the damaged corporation does not exist. 2) Since, at the time of the Defendant’s claim for the payment of the instant funds to the damaged corporation, and at the time of the damaged corporation’s payment to the Defendant, the operating expenses to be paid by the damaged corporation were spent from the temporary funds collected by

B. The prosecutor (unfair punishment) sentenced by the court below (one year of suspended sentence of a fine of 1.5 million won) is too unhued and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. On April 18, 2016, the Defendant, as a general secretary of the victimized corporation, was in charge of managing the funds of the victimized corporation from around May 24, 2016 to around May 24, 2016. On July 2016, the Defendant submitted a statement of accounts, a written request, and a receipt to the same effect that “The Defendant paid KRW 5,279,590, which is operating expenses of the victimized corporation, such as food death, to D, a director of the victimized corporation in the office of the victimized corporation located in Seocho-gu Seoul Metropolitan Government, as an individual cash.”

However, in fact, the defendant only paid the operating expenses of the damaged corporation such as meal costs to the money of the victimized corporation, but did not use the defendant's money of KRW 5,279,590 as operating expenses of the victimized corporation.

Accordingly, the defendant deceivingd D, and on November 3, 2016, 5,279,590 won is the national bank of the defendant as the operating expenses of the damaged corporation from the damaged corporation.