The prosecutor's appeal is dismissed.

1. In principle, the examination fees for the summary of the grounds for appeal shall be accumulated as reserves for long-term repairs or disbursed for community revitalization, and any other execution shall be conducted by the council of occupants' representatives.

The defendants executed the inspection fee at will without the resolution of the council of occupants' representatives, and this act itself constitutes embezzlement, and it is difficult to view that there is a justifiable reason merely because the defendants erred in their acts as a joint law.

Nevertheless, the court below found the Defendants not guilty, and there is an error of misunderstanding of facts.

2. Determination

A. Summary of the facts charged in the instant case 1) Defendant A is the Defendant’s “instant apartment” from October 2008 to December 201, 2013 (hereinafter “instant apartment”).

(2) Defendant B, while working as the head of the management office of the instant apartment from January 2014 to December 2016, he/she embezzled the amount of KRW 10,110,20,00, a sum of KRW 294,40,000 per month and KRW 63 months, which was received from the Korea Electric Power Corporation, as the head of the management office, for the purpose of apartment occupants, paid to the employees of the apartment management office every month as an inspection allowance and embezzled it. Defendant B embezzled the amount of KRW 10,547,20 as an inspection allowance, while working as the head of the management office of the instant apartment from January 2014 to December 2016.

B. Based on its stated reasoning, the lower court held that the Defendants’ act of paying to the employees of the apartment management office of this case the amount received under the pretext of inspection fees, as stated in the facts charged of this case, embezzled property entrusted to others for inspection allowances.