The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The main point of the grounds for appeal (misunderstanding of facts) is that the waterproof Construction was caused by the defect in common areas, such as roof and outer wall due to the aging of the building, and that it is possible to use the special repair appropriation fund. As such, the Defendant had an intention to obtain unlawful acquisition.

subsection (b) of this section.

The sentence (one million won, one million won, and one suspended sentence) imposed by the public prosecutor by the court below on the defendant is too unhutiled and unfair.

Judgment

The summary of the facts charged in the instant case is from April 2006 to February 2009, serving as the president of the council of occupants' representatives of the Busan metropolitan Daegu metropolitan apartment building, and for the above period, the Defendant has overall control over public funds such as long-term repair allowances and general management expenses of the said apartment building.

From April 2006, the Defendant received total of KRW 791,280 per month from the occupants in the above C as a long-term repair reserve fund from the occupants in the above C and kept it for the sake of the residents in the account of a separate long-term repair reserve fund. On December 18, 2006, the Defendant voluntarily deposited it into the general management expense account from December 18, 2006, and used it in combination with the above general management expense account.

After that, the Defendant, upon entering into a waterproof Construction Contract with the said Corporation around January 16, 2007, embezzled KRW 6.5 million out of the long-term repair reserve funds kept in custody as above, under the name of the commencement money of the waterproof Construction Work with respect to the said said Section, and KRW 6.5 million around February 7, 2007 under the name of the intermediate payment of the said Corporation, and KRW 5.7 million around March 6, 2007 under the name of the intermediate payment of the said Corporation, by arbitrarily paying KRW 18.7 million in total as the balance of the said Corporation.

The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.

(c)

The intention of illegal acquisition in the crime of embezzlement for the purpose of seeking the benefit of himself/herself or a third party is the same as the property of another person who is in violation of his/her duties.