The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

In this case.

Summary of Grounds for Appeal

Defendant

Each document submitted by a defendant by his/her defense counsel after the deadline for submitting the statement of grounds for appeal shall be considered only to the extent that it supplements legitimate grounds for appeal.

With regard to mistake of facts and misapprehension of legal principles, the agreement that the K (hereinafter “instant incorporated association”) selected as an entrusted institution of the I training center (hereinafter “instant training center”) under its jurisdiction by the Defendant from Seoul Special Metropolitan City (hereinafter “Seoul City”) is null and void because it violates the Framework Act on Juveniles, the Enforcement Decree of the same Act, and the guidelines for the management and operation of youth training facilities. The instant training center’s false contract related to the transfer of a corporate entity and the instant training center’s receipt of money for the transfer of a corporation between the instant training center and the instant incorporated association constitutes anti-social order or abuse of power of representation, and thus, is null and void.

Therefore, the crime of occupational embezzlement is not applicable to the portion of KRW 315,208,320 used as a transfer to a corporation, etc., inasmuch as the instant training center caused property damage or the risk of damage due to such invalid act.

Even if the agreement that the incorporated association of this case shall pay the corporate transfer money is valid, the defendant raised funds for the purpose of preparing funds instead of the corporate transfer money and the corporate operation expenses of the incorporated association of this case and subsidized the business expenses of the incorporated association of this case. The above business expenses included the corporate transfer money to be paid by the incorporated association of this case, and there was a reasonable need to execute such funds. It cannot be deemed that the 315,208,320 won used as the corporate transfer money and the corporate transfer money were reverted to the defendant individual.

Therefore, the defendant's intent to illegally acquire the above 315,208,320 won.