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The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. misunderstanding of facts and misunderstanding of legal principles did not have conspired to commit the crime of embezzlement such as the facts charged, and Defendant A withdrawn a construction contribution and arranged the liabilities of the victim church, so there is no intention of embezzlement or illegal acquisition.
B. The lower court’s sentence of unreasonable sentencing (the Defendant’s each fine of KRW 1.5 million) is too unreasonable.
2. Determination
A. 1) In light of the evidence duly adopted and investigated by the court below, the court below judged that even if Defendant A has a claim for reimbursement against the victim church, etc., if the purpose of disbursement was to have been withdrawn for a purpose other than the original purpose of the Act, it constitutes embezzlement in the course of business, and that the victim church did not have obtained ex post facto approval or implied approval in advance, and found the Defendants guilty of the facts charged in the instant case against the Defendants. 2) Examining the above judgment of the court below in comparison with the record, the judgment of the court below is just and acceptable except for adding the judgment below. Thus, the court below did not err by misapprehending the facts or by misapprehending the legal principles as alleged by the Defendants, thereby affecting the conclusion of the judgment.
Therefore, this part of the Defendants’ assertion is without merit. We examine whether Defendant B conspired or not.
Defendant
A In the prosecution, I have the right to first talk about the question of "I would like to decide whether to use the above architectural contribution for any other purpose", "I would like to decide upon it after the discussion with B, which is one of the husbands of the church interest and low-income," and "I would like to see that I would like to first talk about the issue of "I would like to use the original construction contribution in the first way as above, and I would like to see whether I would like to use it for the other purpose."