The defendant's appeal is dismissed.

On December 29, 2014, E Forestry Cooperatives (hereinafter referred to as the “ Forestry Cooperatives”) held a board of directors to decide on the acquisition of fixed assets for the purpose of supporting facilities and equipment for excursion ships/ferries (hereinafter referred to as the “instant project”) to be used within the limit of one billion won. On February 3, 2015, the board of directors passed a resolution on the formation of the instant Project Countermeasure Committee (hereinafter referred to as the “Policy Committee”).

Since Defendant acquired fundamental property within the limit of one billion won through the above board of directors in accordance with the resolution of the Countermeasure Committee entrusted with the authority to purchase the project site, the facts charged in the instant case that Defendant acquired fundamental property without the resolution of the board of directors of the Forestry Cooperatives is not guilty.

The lower court’s determination as to the assertion of mistake of facts relating to sentencing is based on the evidence duly adopted and investigated and the following circumstances recognized, namely, ① the minutes of the board of directors (298 session) of February 3, 2015, stating “the duties of the Countermeasure Committee - the selection of site purchase,” but the main text of the minutes is only on whether the members’ allowances are paid along with the composition of the Countermeasure Committee itself, and there is no express declaration that the powers regarding “acquisition and disposal of basic property” as stipulated by the resolution of the board of directors under the Forestry Cooperatives Act and the articles of association of the E Forestry Cooperatives Act are transferred to the Countermeasure Committee, and thus, the said statement alone delegated the authority to conclude a sales contract for real estate (hereinafter “real estate of this case”) as its fundamental property to the Countermeasure Committee.

(2) The board of directors held thereafter has continued to discuss the matters related to the purchase of the instant real estate, and there have been opposition to the purchase by the directors, and ③ on October 7, 2015, the Defendant approved by the board of directors.