The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, with respect to the mistake of facts and occupational embezzlement, received KRW 10 million as retirement allowance through due process, without the intention of embezzlement, and stated his opinion on the result of the deliberation of the bill with the delegation of E in relation to the creation of the private document, and without the intention to commit the crime of mistake of facts, the lower court found the Defendant guilty of all the facts charged in the instant case as a whole without the intention to commit the crime of mistake of facts.

B. The judgment of the court below on unreasonable sentencing (the fine of 3.5 million won) is too unreasonable.

2. Determination

A. 1) In the following circumstances acknowledged by the record as to the assertion of misunderstanding of facts that there was no intention of embezzlement, i.e., (i) the regular deposit amounting to KRW 10 million deposited in the name of the organization of Namyang-si C on August 26, 2010 is the deposit money that the organization leases to another building under its name; (ii) pursuant to Article 24 of the Property Management Regulations of the C organization, the deposit money of the building of the Si/Gun/Gu shall be deposited under the joint name of the head of the meeting and the head of the City/Do to which he belongs, with the approval of the chairperson after the resolution of the board of directors of the meeting concerned. According to Articles 32, 36, and 12 of the C organization’s articles of incorporation, the board of directors of the various levels of the organization of the Republic of Korea shall be composed of directors of the meeting concerned (the director of the City/Do council and the vice-chairperson of the council at each level shall naturally be a majority of the members present; (iii) the members of the board of directors at each level shall be held in writing 130.