All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and legal principles received the amount equivalent to the fine paid by the Defendant through the resolution of special general meeting of the victim clan. Thus, the Defendant’s act does not constitute embezzlement or did not have the intention of embezzlement, even if not, the illegality should be avoided by the consent of the victim. Even if the Defendant returned KRW 5 million after the fact, and thereby constitutes an offense of embezzlement or an attempted offense, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

2) The lower court’s improper sentencing is too unreasonable.

B. Defendant B paid KRW 5 million to A according to the resolution of an extraordinary general meeting as the general secretary of the victim clan, but did not have conspired to commit the crime of occupational embezzlement, the lower court convicted Defendant B of the facts charged of this case. The lower court erred by misapprehending the facts.

2. Determination

A. The lower court’s determination 1 on the Defendants’ misunderstanding of the facts and misapprehension of the legal doctrine as to the Defendants’ assertion 1) The following circumstances, i.e., (i) the defamation case of Defendant A, which was recorded in the facts charged of this case, is a matter of personal misconduct of Defendant A, and irrelevant to the interests of the victim’s clan, and (ii) the act of paying the attorney fees of Defendant A with the funds of the victim’s clan in the above defamation case was confirmed by the final judgment that constituted embezzlement in the course of business. Nevertheless, as the Defendants had been punished by the fine of Defendant A with the funds of the victim’s clan, even

Even if it is illegal to disburse a fine for the criminal case of the president who is irrelevant to the duties of the clan, such approval is given so far as it is illegal.