The judgment of the court below is reversed, and the case is remanded to the Panel Division of the District Court.

The grounds of appeal are examined.

1. The summary of the facts charged of the instant case is discovered that the Defendant, who was elected by the president of the Central Federation, an incorporated association E (hereinafter “E”) in the instant election in the original judgment, provided money and valuables to the representatives in the instant election. ① Defect in the execution of duties and the application for a provisional disposition by proxy appointment (hereinafter “instant provisional disposition”) against the Defendant and executive officers under the Seoul Central District Court 2009Kahap2868, August 18, 2009, he embezzled KRW 16.5 million out of the E’s funds with the Defendant’s attorney fee, and ② in the case of G et al., by the Seoul Central District Court 2009Gahap87367, etc. for the same reason, he embezzled KRW 50,500,000 from the E’s funds to the Defendant and executive officers as the Defendant’s attorney fee.

2. According to the reasoning of the judgment below, the court below determined that the defendant's payment of attorney fees from E's funds constitutes a crime of occupational embezzlement, since it is reasonable to deem that the defendant's election led to the invalidation of the defendant's election, and the defendant was aware of it. Thus, the actual parties to the provisional disposition of this case and the principal case of this case are all the defendants, and the defendant is the defendant, "where there is no room for dispute because the absence of the qualification of the new chairperson is objectively clear," or "where there is a substantial party (the defendant himself) and there is a special circumstance to deem that E has no special interest in the outcome of the lawsuit."

3. However, we cannot accept the above determination by the court below for the following reasons.

A provisional disposition against directors of a corporation shall be taken.