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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
With regard to the fact that there is a theft by mistake of the summary of the grounds for appeal, the defendant did not consider the amount equivalent to KRW 9.5 million in cash at the treasury, and there is no fact that it did not bring about it.
L's statements in investigation agencies and court of the court below are not reliable because they are not consistent with L's statement in the treasury and the source of cash of 500,000 won.
With regard to the misunderstanding of legal principles, the clan office of this case is accessible to anyone who is a member of the clan, and the defendant is entitled to lawfully elected the chairperson of the victim clan from the Emergency Countermeasure Committee on February 11, 2015 to enter the clan office. Thus, the defendant cannot be viewed as entering the clan office for the transfer of clan affairs.
In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of misunderstanding of the facts as to the grounds for appeal (related to a theft), the facts that the Defendant committed a theft by bringing 9.5 million won and cash.
This part of the defendant's assertion is without merit.
L The court below stated to the effect that in the treasury of the family office of the victim's clan, the defendant kept 7,000 won check in front of the victim's clan, 2, 500,000 won check in front of the defendant's own right, 1,000 won in cash, and 1,000 won in front of the defendant's clan. The fact that ① there was a continuous income from the building of the clan's name as to about KRW 700-8,000 as monthly rent, ② on April 20, 2015, L withdrawn KRW 3,00,000 won in front of the victim's family bank account and KRW 1,000 in cash from the victim's family bank account on April 22, 2015, and withdrawn KRW 1,000,000 in the account of the Korean bank account of 1,000 won in front of the defendant's own check and KRW 7,000.