The prosecutor's appeal is dismissed.

1. The case of provisional disposition against the defendant as to suspension of the performance of duties by the president of the council of occupants' representatives against the defendant (hereinafter "the case of provisional disposition in this case") shall not be deemed to be closely related to the duties of the council of occupants' representatives, and even if the performance of duties by the president of the council of occupants' representatives is suspended, it does not interfere with the performance of duties of the council of occupants' representatives. Thus, the defendant's act of paying the attorney's fee from the management fee, which is the joint fund of the occupants of the apartment in this case, constitutes embezzlement. However,

2. Determination:

A. As a matter of principle, attorney fees, which can be paid as expenses of an organization, are limited to cases where the organization itself becomes a party to a lawsuit, attorney fees for civil and criminal cases in which the representative of an organization becomes a party to a lawsuit cannot be disbursed as expenses of an organization. exceptional interests in disputes are given to an organization, but an individual who is in the status of the representative for legal reasons becomes

The attorney fees may be paid at the expense of an organization only when there is a special need to file a lawsuit or respond to a complaint for the interests of the organization in light of the deep relation with the organization and the overall circumstances, such as the case where a dispute has occurred in connection with the act of duties or the status of its representative lawfully done for the organization or because of the status of its representative.

(see, e.g., Supreme Court Decision 2009Do4987, Sept. 10, 2009). In a case where a provisional disposition against a director of a corporation was rendered against a director of the corporation, the director performing the duties of the said corporation.