The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In fact-finding, the Defendant obtained consent from the members of the victim C clans Association and used the closed gathering membership fees as the Defendant’s hospital expenses, etc., and even without prior consent, it can be deemed that the Defendant used the closed gathering membership fees to pay the Defendant’s hospital expenses, and even without the Defendant’s prior consent, the Defendant did not arbitrarily use the victim’s money for embezzlement.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the lower court’s evidence duly admitted and investigated on the assertion of mistake, namely, ① the Defendant used the closed-end membership fee for personal hospital expenses without asserting that he/she was given consent from its members when being investigated by an investigative agency; ② the Defendant stated that he/she was using the closed-end membership fee for the personal hospital expenses of the individual hospital; ② the Defendant stated that he/she was using the closed-end membership fee in the investigative agency; ③ there is no evidence to prove that the Defendant was given consent from the members of the closed-end council of the victim C in relation to the use of the closed-end membership fee for the hospital expenses; ③ there is no other evidence to prove that the Defendant was given consent from the members of the closed-end council of the victim C, as shown in the facts charged.

Therefore, the judgment of the court below that convicted the defendant is just and the defendant's assertion of mistake is not justified.

B. The favorable circumstance is that the Defendant paid a total of 6,300,000 won to the victim C-affiliated association on the assertion of unfair sentencing.

However, the victim C-Class D, the head of the extraordinary meeting of the victim C-friendly council, wanting to be punished by the defendant, and the defendant has a record of being sentenced to a fine due to occupational breach of trust, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.