The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s disbursement of management expenses, development fund, etc. managed as the president of the merchants’ association violates the merchant’s association rules, such as making a luxulation and frequently causing disputes with other shop members, and the merchant’s association imposed a penalty surcharge for business suspension, excluding a penalty surcharge, and a penalty surcharge for leaving a shop, but G did not comply with the resolution of the operating committee. Accordingly, after obtaining the consent of a majority of the members of the merchants’ association, G was decided to withdraw from the commercial building by the resolution of the operating committee in accordance with the merchant association regulations, and the Defendant paid the attorney’s expenses and the certified judicial scrivener’s expenses necessary to file a transfer lawsuit against G by a resolution of the operating committee for the enforcement of such resolution.

Therefore, since the consent of the owner of the fund disbursement is obtained, it does not constitute embezzlement and does not constitute the requirement.

B. As above, the Defendant obtained the consent of many members in relation to the conduct of the merchants' association and disbursed expenses in accordance with the resolution of the Steering Committee under the Code. As such, the Defendant recognized that it was a legitimate act for the merchants' association, and therefore, cannot be recognized as an intention of unlawful acquisition.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

(1) From February 2012, the Defendant: (a) leased or leased a store in Seoul Jung-gu, Seoul (hereinafter “instant shopping mall”); and (b) was the president of the “D Steering Committee” as a voluntary organization established to revitalize the commercial operation and to maintain the order of commercial transactions by using the merchants engaged in the wholesale and retail business as the members of the stores; and (c) was engaged in the business of managing and executing funds, such as management expenses and development funds of the instant steering committee.

(2) Article 23(1) of the Rules of the Operating Committee of this case is all relevant.