The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal is that the Defendant entrusted the C Chairperson, and that he lent C membership fee of KRW 7 million to E, plus KRW 10 million,00,000,000,000, in total, to E. However, the Defendant cannot be deemed to have embezzled membership fees on the ground that there was the consent of the members at that time.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, from February 2010, served as the president at the friendship group, Hanam-do, who was a senior friendship group, as the president, had overall control over the business affairs of friendships including fund management, etc., and around that time, he received passbooks and seals from Da, the former general secretary D, with the above C membership fee of KRW 8,244,280, and kept them in custody for the victim C on duty.

On April 11, 2011, the Defendant was indicted on April 11, 201 (the first case was filed on May 10, 2010 as the date and time of the crime, but the prosecutor filed an application for amendment to the amendment of the indictment with the content that the date and time of the crime of this case was changed to April 11, 201, and this court permitted it) at the post office located in Busan-dong, Busan-dong, Busan-dong, the Defendant withdrawn seven million won out of the victim C membership fees owned by the said account and used it at his own discretion at the Busan-dong, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

B. The lower court found the Defendant guilty of the facts charged prior to the above amendment and sentenced a fine of KRW 700,000 to the Defendant.

C. 1) The Defendant consistently offered membership fees to C from the lower court to be leased to E at the time of springing 201, and argued that the members agreed, and that the Plaintiff’s lending of KRW 10 million to E, and that the Defendant did not arbitrarily use C membership fees without any permission. 2) The evidence duly admitted and examined by the lower court and the lower court, in particular, the witness E’s legal statement, and C-friendly organization.