All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the Defendants: KRW 3 million each of the fines) is too unreasonable.

2. Determination that Defendant A had no record of criminal punishment for the same crime; the Defendants appear to have committed the instant crime to meet the operating expenses of the reconstruction committee; the Defendants did not personally obtain property benefits through the instant crime; and the Defendants paid the full amount of the management expenses and the long-term repair reserve after the instant crime, and recovered damage.

On the other hand, the crime of this case is a case in which the president of the representative meeting of apartment occupants and the representative defendants are prohibited from using the long-term preferential appropriation fund for apartment management expenses, which are embezzled for the operation fund of the reconstruction promotion committee, and the quality of such crime is not less than that of the crime. The total sum of the embezzled amount in collusion by the defendants is the maximum amount of KRW 128 million, and the defendants had a record of criminal punishment for the same type or the same crime (defendant B) before several times, which is disadvantageous to the defendants.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case including the background of the instant crime, the Defendants’ age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable, and thus, there is no reason to believe that the Defendants’ punishment is unfair (the Defendants’ defense counsel is not in the position of the custodian for the instant apartment management fee and the long-term repair reserve through the statement on the grounds of appeal filed on March 22, 2015, or on October 11, 201, there was a resolution on the diversion of the instant apartment management fee and the long-term repair reserve at the same representative meeting of the Dong Council of Representatives, and there was a resolution on the diversion of the instant apartment management fee and the long-term repair reserve, and it was confirmed with the consent of the residents, and thus, the crime of embezzlement is not established.