All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Defendant A did not instruct Defendant B, etc. to unfold the construction cost, etc., and Defendant A did not have divided KRW 117 million, which is the difference in the construction cost which was unfilled.

Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment on the ground that Defendant B instructed Defendant A to commit the crime of this case on the sole basis of Defendant B’s words “the construction cost is amply spared.”

Even if Defendant A instructed Defendant B, etc. to cover construction costs, etc.

Defendant A is merely a representative who exercises voting rights at the tenant representative meeting, but did not represent the tenant representative meeting, or did not take charge of the selection and management of the public corporation.

Therefore, even though it does not constitute “a person who administers another’s business” or “a person who administers another’s business” under Article 355(2) of the Criminal Act, Defendant A violated the said duties as a person who administers another’s business.

The judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment.

B. The judgment of the court below (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for 10 months) is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion of mistake and misapprehension of the legal doctrine, the following facts are acknowledged according to the evidence duly admitted by the lower court.

A) H apartment complex is an apartment complex consisting of 33 Dong-dong 3710, located in Mapo-gu Seoul, Seoul, with 1 to 15 Dong-dong 1 to 15 Dong-dong 16 to 23 Dong-dong 16 to 23 Dong 24-3 Dong-dong 24 to V section (Evidence No. 1, Book No. 1, Book No. 1, Book No. 26). Meanwhile, the H apartment apartment complex representative meeting (hereinafter referred to as the “resident representative meeting”) consists of one chairperson, three auditors, three directors, and 26 representative, and directors and auditors for each section.