All appeals by the Defendants are dismissed.

1. The lower court determined that the Defendants’ crime of embezzlement was established on January 15, 2015, on the following grounds: (a) the occupant representative meeting passed a resolution on the case of raising the salary of management staff in the year 2015 (hereinafter “instant case of raising the salary”); (b) the Defendants’ 2015 salary should be executed at the amount determined by the instant case of raising the salary; (c) the Defendants’ 2015 salary was executed in excess of the amount determined by the instant case of raising the salary.

However, on February 12, 2015, following the resolution on the instant increase in the benefits, the occupant representative meeting passed a resolution on the “2015 Budget Bill Approval Bill” (hereinafter “the instant Budget Bill Approval Bill”). The Defendants’ benefits in 2015 were executed as the amount set forth in the instant Budget Bill.

In addition, in 2015, the president of the resident representative conference approved that the Defendants’ salary was executed as an amount set forth in the instant budget bill for the year 2015, and around October 2015, the Defendants and the president of the resident representative conference prepared a labor contract based on the instant budget bill.

Therefore, Defendants are not charged with embezzlement.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it cannot be deemed that the council of occupants’ representatives could not be deemed to have made a new resolution on the adjustment of wages under the management rules, instead of the resolution of the council of occupants’ representatives on January 15, 2015, and the Defendants’ receipt of wages in excess of the wages prescribed by the self-resolution on January 15, 2015 cannot be the grounds to justify the Defendants’ receipt of payment. The Defendants knew of the aforementioned circumstances in light of the position and career as the managing director of the instant apartment as the managing director of the instant apartment,

The decision is judged.

(1) Article 70 (1) of the Management Rules shall apply to the time of wage adjustment in January of each month.