The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is related to the defendant's personal misconduct (unlawful act) committed by E and F at the time of the appeal. As such, the attorney's fee paid by the defendant as the representative director in relation to the defendant's personal misconduct (unlawful act) is difficult to view it as the legitimate funding

Nevertheless, the court below found the defendant not guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The Defendant is the victim D’s representative director of Guro-gu Seoul Metropolitan Government building C. 401.

1) On June 2, 2016, the Defendant transferred KRW 11 million in the bank account of the name of the victim company to a new bank account in the name of the law firm and consumed it for personal use in order to use it at the attorney’s expense of the case ( its subordinate branch office of the Incheon District Public Prosecutor’s Office No. 2016 type No. 18054) in which the Defendant filed a complaint by fraud, etc. from E at a place where the location is unknown.

2) On August 17, 2016, the Defendant, at a place where it is difficult to know the location of around August 17, 2016, sent KRW 11 million to a new bank account in the name of the victim company for personal use in order to use it at the attorney-at-law’s expense in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Type 2016 Branch Office of Incheon District Public Prosecutor’s Office) from F (Type 18753) (Type 18753).

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

B. In full view of the following legal principles and circumstances, the lower court rendered a judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the facts charged of this case under the latter part of Article 325 of the Criminal Procedure Act.

In principle, the attorney fee that can be paid as the expenses of the organization is the party to the lawsuit itself.