A. It is reasonable to view that the retirement benefit reserve is a specific purpose in light of the following: (a) as well as the maintenance cost under the Multi-Family Housing Management Act by misunderstanding the legal doctrine, the detailed description of the management cost is indicated as well as the management cost; and (b) the retirement benefit reserve funds accumulated in advance should be returned to the occupants if the retirement benefits were not paid.

B. The sentence of the lower court that is unfair in sentencing (three million won in penalty) is too unhued and unfair.

2. Judgment on the misapprehension of legal principles

A. The summary of the charge is 2004

5. From around June of the year of Suwon-si, the managing director of the management office of the main apartment D in Suwon-si is a person in charge of the maintenance and repair of common areas of multi-family housing, collection of management expenses, vicarious payment of public charges, etc., collection, accumulation, and management of long-term repair allowances, execution of matters resolved by the resident representative meeting.

1) The Defendant, using the retirement benefit reserve account for purposes other than its original purpose, was a person who collected retirement benefit reserve funds from the victims, who were owners of the above Dwork’s name and incompetence, and accumulated and kept them as the retirement benefit reserve account.

On January 31, 2012, the Defendant withdrawn KRW 14,123,640 from the foreign exchange bank account (J) in the name of another D on which the retirement benefit reserve of the said DD was accumulated, and then used only KRW 5,770,04 as retirement allowance to the employees of the management office of other D D D, and embezzled the retirement benefit reserve of KRW 8,353,60 for any purpose other than its general expenses.

On August 31, 2012, the Defendant withdrawn KRW 15,000,00 from the foreign exchange bank account (J) under the name of another D on August 31, 2012, and then used only KRW 1,970,610 as retirement allowance for employees of the management office of other D D D, and used the remainder of KRW 13,029,390 for the general expenses of other D D D D.