The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

1. The court below erred by misunderstanding the facts and misunderstanding the legal principles on the grounds that the grounds of appeal are as follows.

가. 피고인이 2016. 5. 경 이후에도 D 영내 장병복지회관 스낵바( 이하 ‘ 이 사건 점포 ’라고 한다) 내에 비품 등을 그대로 둠으로써 이를 점유한 것은 맞지만, 그 무렵부터 이를 운영하지 않았다.

Therefore, the defendant's act does not constitute the elements of Article 82 of the State Property Act, since the defendant's use of or profit from the store of this case.

B. On September 9, 2013, the Defendant submitted an application for permission to use the instant store. However, on April 15, 2015, the written permission to use was issued, and until that day, only the instant store was operated in accordance with the operation agreement with the head of D.

The period of permission to use the store of this case is not around September 9, 2013, when the defendant actually started business, but from April 15, 2015, when three years, which is the scheduled period of permission to use, at the time of the public tender notice, from April 14, 2018, since the period of permission to use was from April 15, 2015 to April 14, 2018, the period of

(c)

The Defendant only possessed the store in this case in order to defend the unfair infringement of the D leader’s management of the store in this case, and this constitutes a legitimate defense and thus, the illegality is dismissed.

2. Determination

A. According to the record of recognition, ① the owner of the instant store, the Office of Administration, the “Ministry of National Defense,” the fact that the instant store is located on the second floor of the D Military Welfare Center affiliated with the Republic of Korea, ③ the fact that the instant store is indicated on the building ledger of the instant store as “military facilities (welfare center)”, ④ the National Security Department published a notice of the permission to use State-owned property property in regard to the instant store on August 1, 2013, and the Defendant was selected as the successful bidder; ⑤ the Defendant was selected as the successful bidder on September 6, 2013, and the Defendant was the head of D General (Secretary General) on September 6, 2013.