The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the defendant recognized the status of a custodian of the entire proceeds from public performance as a whole, and the defendant cannot be deemed to have obtained prior consent from G, etc. when signing in the “production/contribution” column while preparing the documents for application for public performance by the Cultural Foundation. However, the court below acquitted the defendant of the entire facts charged in this case, which erred by misapprehending

2. 이 사건 공소사실의 요지 피고인은 2010.말경부터 2011. 7.경까지 라틴댄스 공연팀인 “B 댄스팀”의 총무로 있었던 사람으로, B 댄스팀의 이름으로 교육청 주관 및 문화재단 공연을 유치하게 되자, 그 공연비 중 일부를 횡령하기로 마음먹었다. 가.

On February 201, 201, the Defendant: (a) on February 1, 201, 201, performed public performances by the Office of Education at the Office of Education in Busan, Busan, Busan, the Defendant: (b) 12,00,000 won (per unit price of KRW 80,000,000) from the Office of Education; (c) 5,50,000 won was paid to the members; and (d) 6,50,000 won was arbitrarily consumed and embezzled for personal purposes around that time while working for the D dancing Team.

B. On March 201, 201, the Defendant held that “E” performance under the supervision of the Cultural Foundation at the Office of Cultural Heritage (hereinafter “E”) was carried out by B, and on May 24, 201, the Defendant, despite the receipt of KRW 3 million with a performance preference deposit in the Defendant’s account under the name of the Defendant, he/she would take part in the performance payment to the members after the completion of the performance five times, and he/she embezzled it for the said B, using it for personal use during his/her business storage.

B. (i) The Defendant, on March 3, 201, filed an application for a performance with the Cultural Foundation in the name of B dancing Team at the Defendant’s dwelling located in Suwon-gu 4, 1003 Dong, Busan, for a performance under the name of the cultural heritage Foundation.