The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) has been serving for more than three years as the president of the instant association, and therefore, it was well aware of the articles of association and election-related regulations. Nevertheless, in light of the fact that the return of deposit money, which is the property of the Association, was executed only by the resolution of the board of directors without the resolution of the general meeting, and that even the directors at the time of the above resolution of the board of directors, there were many differences in the above agenda and the controversy over the quorum, it appears that the return of deposit money to the candidates, including themselves, would result in this case for personal interest.

The judgment of the court below which acquitted the defendant on the premise different from this is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is the chief director, who is the representative of the D Individual Water Transport Business Association (hereinafter “Association”) established for the purpose of promoting the welfare of the D Individual Trucking Transport Business Operators and protecting their rights and interests.

In the election of the president of the Association that was implemented on December 8, 2015, in addition to Defendant E and F, paid KRW 2,00,000 of the deposit money, which is the requirement for candidate registration, in addition to Defendant E and F, and the deposit money for candidate was elected, which is reverted to the Association according to the election regulations for

After the E is sentenced to the invalidation of the election in violation of the election regulations, the defendant has been elected in the election of the president of the Association and has been representing the Association as the chief director and have overall control over the affairs of the Association.

On April 11, 2017, the Defendant has occupational duties to faithfully preserve the assets of the Association as the president at an office located in G and fourth floor, and according to the articles of association of the Association, matters concerning the assets of the Association and other important matters are subject to the resolution of the general meeting of representatives. However, the number of the members of the association, including the Defendant, who is the chief director, on the day when the association regular meeting of the Association implemented on that day, has been abandoned.