All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal is that the judgment of the court below which acquitted the Defendants on the ground that the Defendants embezzled the cash owned by the clan of this case on April 9, 2012 in a manner that the Defendants embezzled the said deposits into a regular deposit account in the name of the Defendants and kept on December 4, 2006, Ansan-si G site (hereinafter “instant land”) which was kept under the title trust from the FJ members’ association (hereinafter “the clan of this case”), and deposited KRW 80 million out of the purchase price into a regular deposit account in the name of the Defendants, and held the said clan not guilty on the ground that there is insufficient proof of mistake of facts and misapprehension of legal principles.

2. The reasoning of the judgment of the court below is as follows, i.e., the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., Franc Association established its articles of association around February 28, 2009, and on June 14, 2009, the members of Franc Association elected Defendant A as the president of the clan at the clan conference (Evidence No. 10 minutes of the evidence record). As to the land of this case, the clan of this case existed as an organic entity around May 1, 1965 at the time when the registration of ownership transfer was made to co-owners with 1/3 equity shares.

(2) The instant clan title trust was held by the Defendants on the instant land.

However, inasmuch as there is no evidence to prove that the instant clan kept the sales proceeds to the Defendants on December 4, 2006, the crime of embezzlement was completed by selling the instant land entrusted by the Defendants at will on December 4, 2006, and inasmuch as there is no evidence to prove that the instant clan kept the sales proceeds to the Defendants, the Defendants’ act of dividing the sales proceeds as stated in the facts charged is merely an act subsequent to a punishment for negligence (see, e.g., Supreme Court Decision 2010Do10500, Feb. 21, 2013). According to the former Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007) applied at the time of December 4, 2006, the instant indictment was instituted on June 28, 2013.