The prosecutor's appeal is dismissed.

1. The case in which the Defendants filed a complaint against E, etc. by the summary of the grounds for appeal (legal scenarios) was filed by the Defendants on behalf of the council of occupants’ representatives as substantial stakeholders.

In addition, since there are no circumstances to deem that the Defendants were forced to file a complaint as the representative of the council of occupants' representatives, it was established that the Defendants paid various expenses, such as attorney fees, etc. in the above accusation case as management fees paid from occupants when they filed a complaint under E, etc., but the crime of occupational embezzlement is established, but the court below erred by misapprehending the legal principles

2. Determination

A. Defendant B of the facts charged in the instant case conspired with each other as the president of the council of occupants’ representatives in charge of the foregoing business and Defendant A, a general secretary of the council of occupants’ representatives in charge of the management expenses that he/she received from the occupants in the above apartment from the visitors in the apartment, and filed a criminal complaint on March 7, 2013 against some of the occupants who interfered with the representative meeting by entering the management expenses incurred in the course of business from the occupants in the meeting of the council of occupants’ representatives in the Bupyeong-gu, Seocheon-gu, Nowon-gu, Seoul, and the council of occupants’ representatives in charge. On March 7, 2013, Defendant B embezzled 3,300,000, recorded the attorney fees in the meeting of the council of occupants’ representatives, and embezzled 660,00,000, recorded fees on March 12, 2013; and embezzled 220,000,000 won on March 13, 2013, 303

B. 1) In full view of the Defendants’ partial legal statement, the witness E’s legal statement, each disbursement resolution (3.3 million won for the appointment of a lawyer, 6.6 million won for recording, 2.220,000 won for video editing, 2.20,000 won for transmission, and video photographic receipt, the Defendants filed a criminal complaint with the above chairman of the council of occupants’ representatives and some occupants who interfere with the business of the representative meeting as the chairman of the council of occupants’ representatives.