The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the Defendant of the charges on the charge of unlawful acquisition of KRW 150,000,000 for village development fund, is erroneous in the misapprehension of legal principles.

2. Judgment on the primary facts charged

A. The summary of the primary facts charged is the chairperson of the “D Council” comprised of residents of the C Village, etc. to oppose the passage of the village of the Honam High-speed Railroad with respect to the construction of the Honam High-Speed High-speed Railroad that is promoted since 2010.

However, the D Council is not an organization made with the consent of the village residents, not all of the village residents.

On the other hand, the victim's "E organization" is a group composed of all residents residing in the Special Metropolitan City of Sejong.

The defendant is stated in the written indictment in 2010, but it is deemed to be an obvious clerical error, although it is stated in 2012.

12. On December 16, 2010, the Plaintiff was transferred KRW 150 million as the name of the village development fund for the entire village residents from Sam Heavy Construction Co., Ltd. as the name of the Defendant to the Nam Sejong Agricultural Co., Ltd. (H) account in the name of the Defendant, with respect to the compensation, etc. for village residents’ damages as a representative of village residents as well as the first F and G, in the capacity of village residents’ representative.

On December 16, 2010, the Defendant, while keeping the Village Development Fund on behalf of the victim, embezzled the property of the victim by withdrawing the said Village Development Fund and depositing it in the name of the Defendant A (Council), with the intention of paying it to the Council, which is excluded from some C residents.

B. We examine the judgment of the court below, and it is recognized that the defendant withdrawn the above KRW 150 million on December 16, 2010 and deposited it into the South Sejong Agricultural Cooperative Account (I) in the name of the defendant A (Council).

On the other hand, according to the records, ① the Defendant received KRW 150 million from the above village development fund as the passbook in his name, and the rules of the D Council, the list of executives of the D Council, and the list of residents.