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The prosecutor's appeal is dismissed.
Reasons
1. The lower court rendered a judgment of not guilty of all the facts charged in the instant case, and the Prosecutor appealed only on the part of not guilty of each embezzlement as to the purchase cost of KRW 5 million, and KRW 2,700,000,000,000,000,000 from Nos. 1, 3, and December 3, 2014, as stated in the lower judgment, the part of the lower judgment regarding the remaining embezzlement was excluded from the scope of the lower judgment.
2. According to the summary of the grounds for appeal (based on factual errors or misapprehension of the legal principle), even if the Defendant voluntarily purchased school expenses to recover the amount and the balance without the resolution of the C Expansion Committee, and paid it to the executive members, it can be deemed that the Defendant had the intent of embezzlement since the content of the resolution considerably exceeded a reasonable level, even if there was a fact that the C Expansion Committee decided to pay the spread to the executive members.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
3. The lower court found the Defendant not guilty of this part of the facts charged on the ground that, in light of the circumstances revealed by the records in the instant case’s reasoning, insofar as the Defendant used the recovery of school expenses and the balance for the purchase cost of the purchase fund pursuant to the resolution of the extended meeting of the plenary session that the Defendant would pay to the executive members, it cannot be readily concluded that
In comparison with the above judgment of the court below, the judgment of the court below is justified. In addition to the results of the examination of the witness AI conducted in this court, there is no error of law by misunderstanding facts or by misunderstanding legal principles as alleged by the prosecutor, which affected the conclusion of the judgment.
. have been submitted by a prosecutor.