The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Even though the defendant was aware of the fact that he was not a legitimate representative of the clan E (hereinafter “the clan of this case”), he may recognize the defendant’s unlawful will for the use of the clan money.

B. From among the funds paid by the Defendant as the duties of the clan of this case, the attorney fees are expenses related to the personal problems of the Defendant who is not related to the clan, and the loans, the division money, and the support money cannot be deemed to have been a resolution by the board of directors of a legitimate clan, the 15 million won paid to theJ did not have received a resolution, and the fire fighting management fees are deemed to have been excessive compared to the surrounding market prices. In light of the above, the defendant's intent to illegally

2. Determination

A. The lower court determined as follows: (a) whether the Defendant was recognized as a legitimate representative of the clan of this case; (b) whether the Defendant continued to be elected as the representative of the clan of this case from October 3, 1999 to October 201, 2010; and (c) whether the Defendant did not recognize the legitimacy of the resolution of the general meeting of this case from October 3, 1999 to October 8, 2008; and (d) the Defendant did not have res judicata effect on the part of the Defendant; (b) the Defendant was not a party to the said judgment; (c) the Defendant was elected as the representative of the clan of this case on February 4, 199 to October 23, 2012; and (d) the Defendant did not recognize that the resolution of the general meeting of this case was lawful at least once from October 23, 200 to October 207, 207.