All appeals by prosecutors are dismissed.

All applications filed by an applicant for compensation shall be dismissed.

A. Since misunderstanding of facts or misunderstanding of legal principles (hereinafter "D") (hereinafter "the victims") leased each shop of this case as a lessor by delegation of authority on the overall business management for operating profit of the commercial building of this case from the sectional owners of F Commercial Building (hereinafter "the commercial building of this case"), which is an aggregate building in Dong-gu, Nam-gu, Seoul, Seoul, as well as the victims, as well as the right to lease each shop owned by them from the sectional owners of the commercial building of this case, the lease deposit and rent are owned by D, and D is merely a duty to refund the lease deposit to the lessee at the expiration of the lease term and distribute the remainder after deducting all expenses from the lease deposit and the monthly rent to the individual sectional owners. As such, the defendant, the representative director of D, is not in the position of a person who keeps the above lease deposit and rent for the sake of the sectional owners, including the victims.

② The Defendant thought that a majority of the sectional owners of the instant commercial building recognized the procedures for resolution on the imposition of the above management expenses, special management expenses, and development expenses and voluntarily paid them, and notified the victims of the payment of the above management expenses, special management expenses, and development expenses, and refused to return the lease deposit and rent. Thus, the Defendant’s refusal to return the lease deposit and rent in offset with the management expenses, special management expenses, and development expenses which were not paid by the victims, cannot be deemed to constitute the Defendant’s exercise of rights, and thus, there is an intention of embezzlement or unlawful acquisition.

(3) In addition, D is expected to return the lease deposit to the lessee when the lease term under the lease contract concluded with the lessee expires.