The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of the Prosecutor’s Appeal: The court below found the Defendant not guilty of the facts charged in this case, but found the Defendant guilty of the facts charged in light of the evidence submitted by the Prosecutor. Thus, the court below erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, from around October 2004 to August 31, 2017, was a person who was working for Daejeon Pungdong B (hereinafter “C” in 2015) as the head of the Tong, and D 172 square meters of land (hereinafter “instant land”) was transferred to an “E organization” (hereinafter “E organization”) comprised of B original residents on October 17, 1980.

(1) On October 10, 2014, the Defendant, at the registry office of the Daejeon District Court located in Seo-gu, Daejeon, Seo-gu, Daejeon, about 78, a 78-ro, and at the registration office of the Daejeon District Court, the Defendant, who kept the instant land owned by the victim E, as the head of the Tong with interest on the residents of the victim E group B, was arbitrarily registered to F on May 3, 2010 without a legitimate resolution of the victim E organization.

Accordingly, the Defendant embezzled the property owned by the victim.

(2) On August 20, 2014, the Defendant: (a) signed a sales contract and the registration of transfer of ownership at the H community hall located in Daejeon-gu Daejeon-gu, Daejeon-gu, by using the computer network program; (b) “E organization resolution” in subparagraph (e); (c) “10:0 - 11:40 am on August 20, 2014; (c) “1: the date and time of the meeting: 10:0 am on August 20, 2014; and (d) “6. The purpose of the general meeting: (e) “Seongdong-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Seoul-gu, to sell and sell to F (I; and (e) the appointment of a representative for the conclusion of the sales contract and the appointment of a representative for the registration of transfer of ownership; and (e) the contents of

(a) The name and address of the representative of E organization with respect to the agenda of the general meeting: A (K) and the address: The agreement was reached to elect the person above the Sung-gu L of Daejeon Metropolitan City and passed a full resolution; (b) the real estate owned by E organization with respect to the agenda of the general meeting;