The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant paid business promotion expenses to the auditor E in accordance with the management rules of the apartment of this case, and such an act does not constitute a breach of trust, and the Defendant did not have an intention to commit a breach of trust.

2. Determination

A. The judgment of the court below is based on the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, namely, ① the president of the council of occupants' representatives of apartment buildings, as the managing body of apartment buildings, must perform his/her duties with due care as a good manager in relation to the matters stipulated in the management rules; ② D apartment auditor E was unable to perform audit duties for a long time due to his/her stay abroad from September 12, 2012 to January 12, 2014; ② was notified in advance at the council of occupants' representatives, and the Defendant was aware of such circumstance; ③ the Defendant paid the auditor E with the duty of care as a good manager.

B. We examine the following circumstances, which the court below properly explained by the above evidence, i.e., (i) members of the council of occupants' representatives shall perform their duties with the care of good managers (Article 33(1)); (ii) members of the council of occupants' representatives shall act on behalf of others; and (iii) members of the council of occupants' representatives shall act on behalf of others; and (iv) members of the council of occupants' representatives shall act on behalf of others (Article 20); and (v) the auditor E shall act on behalf of others in most meetings during the above period due to his stay abroad; and (v) the auditor E neglects his duties by attending most meetings during the above period; thus, the defendant, the chairman of the council of occupants' representatives, is likely to have suspended the payment of business promotion expenses or performed the audit procedure.