The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Summary of grounds for appeal;

A. In light of the past practices, the defendant has accumulated the retirement reserve fund in the account under the name of a member of the Council, and it cannot be deemed that there was a criminal intent of embezzlement or unlawful acquisition, and since the victim Diplomatic Association did not have any property damage, the crime of occupational embezzlement cannot be established since the defendant transferred the retirement reserve fund of E member of the victim D church to a new account for accumulation of the retirement reserve fund in the name of E. In addition, the act that the defendant transferred the retirement reserve fund of E member of the victim D church to a new account for accumulation of the retirement reserve fund in the name of E is not contrary to social rules, and its illegality cannot be recognized. Thus, the court below concluded that the defendant committed occupational embezzlement as stated in the judgment of the court below, contrary to the facts charged by the defendant, and that the defendant committed the crime of occupational embezzlement as stated in the judgment of the court below. The judgment below erred by misapprehending the facts contrary to the rules of evidence, which affected the conclusion of the judgment.

B. The suspended sentence of a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Judgment on the primary facts charged (the point of occupational embezzlement) 1) The defendant is a person in charge of managing the funds of the victim church while holding office as the director of the finance division of the victim D church located in Dobong-gu Seoul Metropolitan Government from November 2009 to November 201. On February 22, 2011, the defendant was requested to change his/her new bank account (Account Number: G) in the name of the victim church in the name of the main partner of the victim church who belongs to the victim church at the Dobong-dong branch of Dobong-gu Seoul Dobong-gu, Dobong-gu, Seoul, to the pension insurance type account, and received a request to change his/her new bank account (Account Number) in the name of the victim church deposited in KRW 6,057,896 from November 22, 2009 to the above new bank account (G) of the victim church deposited in KRW 8,311,558.