The sentence of punishment shall be suspended against the Defendants.

Of the instant ancillary facts charged.

A. The articles of association of the F, an incorporated association, (hereinafter “F”), indirectly granted the board of directors the voting right to dismiss an officer, and Defendant A was deprived of the F president’s authority by the resolution of the board of directors at the time of the instant case.

Therefore, Defendant A cannot be deemed to have the authority to possess the instant documents, etc. as the representative of F. Therefore, if Defendant A arbitrarily carried them out, theft is established.

B. In addition, the Defendants, for their own interest, filed a lawsuit seeking confirmation of invalidity of the presidential election with the court, and carried out the instant documents, etc. to use them in the lawsuit, so the Defendants also have the intent of unlawful acquisition in larceny.

C. Nevertheless, since the judgment of the court below rendered a not guilty verdict on the facts charged of this case, it erred by misapprehending the facts.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor tried to examine the previous facts charged at the trial, while maintaining the previous facts charged as the primary facts charged. In preliminaryly, the prosecutor applied for the amendment of the indictment to which the provisions of Articles 319(1), 366, 30, 37, and 38 of the Criminal Act shall apply mutatis mutandis to the facts charged as stated in the “a summary of the preliminary facts charged” and Articles 319(1), 366, 30, 37, and 38 of the Criminal Act. Since the subject of

Defendant A was the president of the Volunteers established for the purpose of supporting persons of distinguished service to the State, and Defendant B was the chairman of the Fdong District before the Fdong District.

Defendant

A, on October 28, 2010, was missing from the presidential election of the president of the Fj on the presidential election, and Defendant B and two others filed a lawsuit to nullify the presidential election with the Busan District Court on November 30 of that year.

However, as the defendant A was decided to suspend the president's authority in the F.F. emergency society on December 9 of that year, whether he was qualified as a representative who participated in the competition of the above president.