The prosecutor's appeal is dismissed.

1. The defendant borrowed the instant money without the consent of all the members of the summary of the grounds for appeal;

In light of other circumstances, it is difficult to see that the defendant has the intention of illegal acquisition.

Nevertheless, the judgment of the court below pronounced not guilty on the defendant, and there is an error of law due to misconception of facts.

2. Determination

A. The lower court’s judgment: (a) the Defendant, in this court, stated in advance that “The use of the instant membership fee for personal purposes, was made to D, who is the B Chairperson prior to use the membership fee; and (b) obtained permission.

D consistently changes to the purport that “the Defendant will use membership fees” in this Court

Then, when a member meeting was held on July 2015, the general secretary changed from the defendant to E, but the defendant used money to lend money to the members at the time and returned money to the end of each year.

The understanding was sought, and members agreed to it.

The statement to the effect that “the defendant’s defense corresponds to the defendant’s defense,” and ③ the complainant, in an investigative agency, shall transfer his membership fee to the defendant after the month when the defendant transferred his general office.

The transfer did not have yet been made.

At first, the first place was personally used;

The repayment has been repeated more than ten times, and the present time is not a telephone.

The defendant made a statement to the effect that "....., even according to the complainant's statement, the defendant sought a grace period for a certain period at the time when the defendant transferred to the general office, and the contents of the complainant's statement are difficult to be deemed inconsistent with D's statement because it appears that the defendant was about the circumstances after the transfer to the general office, and ④ there is no objective evidence to confirm the date and time of using the membership fee of this case, and there is no special circumstance to suspect the credibility of D's above statement.