The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to withdraw from a cooperative of mistake of facts or misunderstanding of legal principles, the defendant must express his/her intention of withdrawal to all the union members. Since the defendant did not express his/her intention of withdrawal, it cannot be said that withdrawal takes effect. Even if there was a declaration of intention of withdrawal from a family, if the relationship between the union was terminated by the defendant's unilateral declaration of intention as of March 201 as at the time when the partner started to perform his/her duties under the business agreement, it is deemed that there was a lot of damages to the union, and therefore, it cannot be viewed that there was an inevitable reason.

Therefore, insofar as the withdrawal of a defendant cannot be recognized as effective, the money that the defendant borrowed as collateral for the business property constitutes the same business property. Therefore, the defendant's arbitrary use of the money without the consent of the partners constitutes embezzlement, and the act of establishing a collateral security to secure his personal security in the business property constitutes a breach of trust.

B. The sentence of unfair sentencing (one year of imprisonment with labor for six months and one year of suspended sentence) by the lower court is too minor.

2. Determination

A. 1) As to the assertion of mistake of facts and misapprehension of legal principles, in order to establish a partnership-ownership of a partnership-owned property, possession and acquisition by the partnership-owned property, and joint ownership registration by the partnership-owned property is necessary. In this case, registration of partnership-owned property should be registered in the name of all of the representatives or managers, not in the name of the representative or manager.

B) The public prosecutor, between H and G, the Defendant, between H and H, is the Defendant’s F commercial building in Seongdong-gu Seoul Special Metropolitan City (hereinafter “instant commercial building”).

A successful bid is offered, H inputs construction cost, G makes an oral partnership agreement that divides profits from the remodeling of the instant commercial building after providing labor into 1:11, and purchases 94 out of 112 commercial buildings on the second floor of the instant commercial building according to the actual agreement.