The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s money withdrawn from the accounts of G (State) (hereinafter “G”) is management expenses collected from sectional owners, and the sectional owners, who are the managing body, claim that the instant partitions falls under the defect repair of the facilities for common use of F (State) (hereinafter “F”) and that the construction cost should be borne by F.

B. As can be seen, the Defendant paid part of the management expenses collected as road occupation and use fees without the consent of the sectional owners who are the main body paying the management expenses, as construction expenses, when there is a dispute as to whether the construction expenses of the above partitions constitute defect repair and the construction expenses are to be borne by F and G. As such, the Defendant should be deemed to have the intent of unlawful acquisition.

C. In addition, since the money withdrawn from G’s account was specified to be paid as road occupation and use fees from the beginning, the remaining money paid as road occupation and use fees is, in principle, returned to G, but the partitions for purposes other than that of use was used as construction expenses, and thus, the co-owner is exempted.

Even if the act of use itself realizes the intention of illegal acquisition, it should be viewed that embezzlement is established.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The Defendant: (a) was the representative director of F, the operating company of “E” in Gwangju-si; (b) around June 2009, the victim G representative director established for the purpose of managing and guarding ancillary facilities, etc. of the above terminal; and (c) was in charge of collecting, keeping, and executing management expenses from the shop owners in the above terminal.

On January 24, 2011, it is required to pay from Gwangju City to G.