The judgment below

Of the defendants, the part of the defendant is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant borrowed 130 million won from Co-defendant B of the lower court, the Defendant was aware of the fact that the said money was a clan fund only at the time of borrowing KRW 30 million around November 28, 2008. Nevertheless, the lower court recognized that the Defendant embezzled the entire amount of KRW 130 million. Thus, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. (1) The court below's decision on the assertion of mistake of facts is as follows. (1) The court below's decision is based on evidence duly adopted and investigated by the court below. (1) Co-defendant B of the court below stated at the time of prosecutor's investigation that "the defendant borrowed money from another person and borrowed money from another person, which the defendant would have been expected to borrow money from the defendant"; (2) at the time of prosecutor's investigation that "the defendant requested Co-defendant B of the court below to lend public funds held by the defendant for the defendant, and received KRW 130 million from Co-defendant B of the court below, and he was aware that it was a clan fund when he received money from Co-defendant B of the court below; (3) The court below's co-defendant B of the court below and the defendant did not have obtained the victim's permission through a resolution of the clan general meeting, etc. in using the above money; and (4) the clan members were in custody of the amount equivalent to KRW 240 million as the chairperson of the court below, and there was no sufficient amount for the defendant to know at the above.