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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the Defendants embezzled proceeds from parking lot installation costs refund, the use of which is strictly limited, for purposes other than its original purpose.
However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case was selected by Defendant A as the president of the management body of the D Building in Seongbuk-gu, Sungnam-si, on September 28, 201, and on October 7, 2011, the Defendants: (a) transferred KRW 14 million accumulated as the refund of the cost of installing parking lots from the head of the management office on October 7, 201 to the account under the name of Defendant B; and (b) used the attorney appointment fee of KRW 3,300,000 on November 23, 201; and (c) 1,540,000,00 won on December 22, 2011 at the ordinary general meeting of the shareholders on December 22, 2011; and (d) embezzled KRW 1,237,000 on May 11, 2012; and (c) the attorney appointment fee of KRW 30,000 on May 21, 2012;
B. (1) In light of the legal principles and circumstances as indicated in its holding, the lower court cannot be readily concluded that the Defendants had intent to acquire unlawful profits from using the said money for any other purpose, as it is difficult to view that the sole evidence submitted by the prosecutor alone was strictly limited to the use of the parking revenue accumulated as a refund for the installation cost of parking lots. In so doing, the lower court acquitted the Defendants of the facts charged in this case on the ground that there is no other evidence to acknowledge it.
Examining the evidence and records duly adopted and examined by the court below, it is justified in the judgment below to use the expression "where the management body is formed," and "before the management body is constituted," on the premise of the establishment of the management body.