The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, 100 million won received on April 19, 2013.

1. The Defendant entered into a joint agreement with the victim company C (hereinafter “stock company”) under the name of the association around January 2007, and around December 2012, as the president of the association of the B apartment building building association located in a three-dimensional special autonomous city from around January 2007 to December 2014, with respect to the construction of B apartment under the name of the association, “B apartment building association shall secure the number of association members with right to purchase the housing site in order to receive the supply of the apartment site from LH construction site,” and “the victim company has been provided with all expenses necessary for the implementation of the apartment site purchase cost, the association operation expense, etc.” through the victim company’s personal account.

A. On March 21, 2013, the Defendant: (a) received transfer of purchase deposit amount of KRW 50 million through the bank account of the Plaintiff Company D and embezzled arbitrarily for non-use at around that time, upon request from the victim company, which is a joint proprietor of the association, to purchase the right to purchase the land of migrants to secure the number of union members; and (b) received transfer of KRW 50 million through the bank account of the Plaintiff D; and (c) embezzled for non-use.

B. On April 19, 2013, the Defendant requested that a joint business proprietor F of the victim company, a joint business proprietor of the cooperative, be in need of the cost of business promotion to be supplied an apartment site as soon as possible. On April 19, 2013, the Defendant received KRW 100 million from G’s H bank account to be transferred to the business promotion cost, and wrongfully consumed and embezzled the Defendant’s debt repayment, etc. at that time.

2. The lower court found the Defendant guilty of all the charges and sentenced the Defendant to imprisonment with prison labor for a year and six months.

3. Summary of grounds for appeal;

A. 1) The Defendant and C are in an anonymous association relationship.

Since the amount invested by C, an undisclosed partner, in the Defendant, is owned by the Defendant, the crime of embezzlement is not established even if the Defendant arbitrarily consumes.

2) March 21, 2013