The defendant's appeal is dismissed.

(1) On August 24, 2012, the Defendant: (a) was paid KRW 200,000 from his own account on deposit on August 28, 2012; and (b) transferred the sum of KRW 90,000,000 out of the said money to E-personal account of the representative director of the D&C, a maintenance company, over the period of August 30, 2012.

The above act by the defendant is not considered as the act of borrowing or the act of using the cost of maintenance and improvement of the C Apartment Housing Reconstruction Project Association (hereinafter referred to as the "Rebuilding Association").

(2) The Defendant did not well understand the purport of questioning, or did not make a false statement contrary to his memory, only when he talked about his presumption.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination as to the assertion of mistake of fact 1) In full view of the evidence duly adopted and examined in the lower court’s determination as to the violation of the Act on Non-Act on the Maintenance of Urban and Residential Environments, the Defendant may fully recognize the fact that a reconstruction association’s officers borrow funds or use funds arbitrarily without obtaining a resolution of the general meeting.

The judgment of the court below is justified.

(1) The Korean bank account (Account Number M) in which the defendant received a transfer of a security deposit for execution from the Treatment Industry Development Co., Ltd. and remitted part of it to the personal account of the representative director of the D Co., Ltd. is that the name of the defendant is personal.

However, under the name of the deposit account holder, the seal impression of the C-Housing Reconstruction Association's "Acting for the President of the C-Housing Reconstruction Association" is also affixed.

On August 25, 2012, the Defendant vicariously performed the duties of the president of a reconstruction association from June 2, 2012 to August 2012, 2012, before an open reconstruction association was elected as the president of a partnership in a regular manner from an extraordinary general meeting of a reconstruction association.

Defendant, who is not the president of a cooperative, is existing.