The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Request for the adjudication on the constitutionality of the instant case.

1. The summary of the grounds for appeal (in fact-finding and misapprehension of legal principles) is not paid to the J Village Association, but paid to L Movement Promotion Group (the defendant is the head and is composed of five residents in the village and is composed of a part of the non-resident). Thus, the scholarship fund created as a part of the commercial project cost is not for village residents, but for members of B farming association (the promotion group is established by a resolution of the general meeting of its members to use the commercial project cost, etc. and is not established by the resolution of the village general meeting).

Therefore, community residents cannot become victims of embezzlement, such as the facts charged.

Since the above commercial project cost is not a subsidy but a reward for excellent prize advertising, the main body to whom the reward belongs is the promotion group, it is the money that can be used without any restriction.

The Defendant, as the representative of the above agricultural partnership, who succeeded to the promotion team, provided property owned by the Defendant as collateral and received loans with the consent of the executives in order to prepare activity expenses to recover damage caused by G, etc., and such act may not be deemed to have been embezzled by the Defendant with the intent of unlawful acquisition.

Therefore, the judgment of the court below that held that the defendant embezzled the scholarship fund that was kept in custody for village residents is improper.

2. The Defendant is the representative of the farming association corporation B, and C is a person registered as a director at the above farming association corporation until December 29, 2007.

C was a person who was an auditor of the above farming association corporation, and the prosecutor corrected the same as above on the three-time trial date at the trial court.

When the expenses for the operation of the above farming association corporation and various lawsuits have been required, the defendant raised the scholarship fund for the residents of the D village to receive the loan with the money as security.

The Defendant, in collusion with C on May 20, 201, is the victim at the F Association located in Youngcho Si E around May 20, 201.