The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court as to the fabrication of private documents and the uttering of private document, the lower court’s determination that the charges charged for forging private documents and the uttering of private document are guilty on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

2. As to occupational embezzlement

A. In a case where there is a mixture between the so-called original residents who had resided before and after a certain point of time and the residents who had been newly relocated after a certain point of time have the right to the funds managed by the village, it shall be determined by comprehensively taking into account the circumstances leading up to the creation of the funds, the management method, and the purpose of use. However, in a case where the resident council has passed a resolution to manage and use the funds as funds only for the original residents at the meeting, if the representative of residents, etc. has used the funds as reliance only for the original residents and distributed some funds to the original residents, it cannot be readily concluded that the resident representative, etc. who has executed the funds has the intent of embezzlement or illegal acquisition to the resident representative, etc., barring any special circumstances, regardless of whether the resolution is valid or not.

I would like to say.

In addition, if the representative of residents, etc. has used the above community funds as activity expenses, but it does not go against the original purpose or purpose of the community funds, such as that it is disbursed for personal purposes, there is an intent of unlawful acquisition solely on the ground that it did not obtain the consent or approval of the residents through the residents' general meeting, etc.