The defendant shall dismiss the application filed by the applicant for compensation.

1. The prosecutor of the facts charged of the instant case is the representative director of “D” (hereinafter “D”) who is a private person executing the sales project of “E” (hereinafter “the apartment complex of this case”) in the Geum-gu, Busan (hereinafter “the instant apartment complex”), who held office as the representative of the temporary occupant of the instant apartment complex from September 2014 to August 2015 and was engaged in the management of the management expenses, management expenses, deposit fees, etc. paid by the occupants of the instant apartment complex of this case. (i) From November 2014 to August 2015, the Defendant used 61.5 million won and monthly management expenses paid from the occupants of the instant apartment complex of this case to August 1, 2015, which were deposited in “E” bank account in the name of “B” (number G; hereinafter “G account”) with the total amount of deposit KRW 1.65 million to August 13, 2015; and (ii) the Defendant did not refund deposit money in cash from KRW 605 million to the president.

Appellants, Defendant was prosecuted as embezzlement for occupational embezzlement.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court of this case, the evidence submitted by the prosecutor alone does not arbitrarily embezzled the amount of KRW 4 million withdrawn from G account on August 13, 2015 for the defendant's personal purpose, but instead arbitrarily embezzled the amount withdrawn for the purpose of using as maintenance fees due to the use of electric charges and parking charges in June and July 2015 regarding the apartment complex of this case. (ii) The defendant was not arbitrarily embezzled KRW 6,150,000,000, which the defendant refused to return to B, the representative of the occupants of the apartment complex of this case as of August 2016, but rather arbitrarily embezzled for the defendant's personal purpose.