The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant only disbursed funds by the direction of A or the resolution of the council of occupants' representatives of apartment houses, but did not have used the extra-management revenue at will in collusion with A, and the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending

2. In the judgment of embezzlement, "the intention of unlawful acquisition" refers to the intention of disposal of another person's property in violation of his/her duties for the purpose of pursuing his/her own or a third party's interest as if it were his/her own property or to dispose of it in fact or in law, and the other person's use of funds for purposes other than the limited purpose upon being entrusted with a strictly limited amount of funds is not only derived from the personal purpose, but also from the entrusted person's personal purpose, even if the entrusted person's use of funds is above, it constitutes embezzlement by realizing the intention

(2) In light of the following facts and circumstances revealed from the evidence duly adopted and investigated by the court below as to the instant case, inasmuch as the Defendant used “out-of-management revenue” in violation of the purpose of its use, the crime of embezzlement is established on its own as long as the Defendant used the “out-management revenue,” the court below’s measure that found the Defendant guilty is just and there is no error of law by misapprehending the legal principles or misapprehending the legal principles.

① Article 54(1) of the Management Rules of the instant apartment (amended on August 31, 2007, hereinafter “instant Management Rules”) enacted pursuant to Article 28 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the instant Management Rules”) shall be deemed as follows: (a) interest on deposits, overdue charges, and gains from imposition arising from the management of collective housing, in addition to management expenses.