The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The apartment house D in Gwangju Mine-gu (hereinafter referred to as the “instant apartment house”) with a summary of the grounds for appeal;

(C) The Defendant removed shot trees (hereinafter “the instant tree removal work”) even if it was not established at the time’s long-term repair plan was not established and the consent of a majority of the occupants was not obtained, as shot tree’s shot tree removal work had been carried out by shot tree removal work.

(2) The planting of trees in this case is called the planting of trees in each of the following areas:

corporation, the corporation of this case as a whole with the removal of the tree of this case

(3) At the time of using the long-term repair reserve funds to the Defendant, the Defendant had no intention to commit occupational breach of trust, and the Defendant did not have any pecuniary gain with the instant construction, and did not incur any property loss or risk.

Although it cannot be seen, the court below found the Defendant guilty of the facts charged in this case, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

2. Determination

A. The summary of the facts charged in the instant case was appointed as the head of the instant apartment management and operation committee from November 201 to engage in the management and operation of the apartment on behalf of the occupants of the apartment.

In order to only replace and repair main facilities, etc. generated from the deterioration of apartments, if the defendant has to keep long-term repair allowances, the use and purpose of which are strictly limited, in E Co., Ltd., an entrusted managing entity of apartment, he/she had a duty to ensure that such allowances are not used for purposes other than the limited purpose.

Nevertheless, the Defendant violated his duties, i) concluded a contract for the instant tree removal works with the non-party F on November 5, 2012, and then had the construction cost of KRW 3 million paid with the long-term repair appropriation funds. (ii) On April 5, 2013, the Defendant concluded a contract for the instant tree removal works with the non-party F on April 5, 2013, and then paid the construction cost of KRW 3 million with the long-term repair appropriation funds.