The appeal is dismissed.

The grounds of appeal are examined.

In principle, the attorney fees that can be paid at the expense of the organization are limited to cases where the organization itself becomes a party to a lawsuit, so the attorney fees for civil and criminal cases in which the representative of the organization becomes a party to the lawsuit cannot be paid

However, in exceptional cases where an individual has a substantial interest in a dispute but becomes a party to a lawsuit or other legal procedure for legal reasons, it is justifiable to maintain the judgment of the first instance court which acquitted the facts charged of this case on the ground that there is no evidence of the crime in light of the above legal principles and records, and there is no error in the misapprehension of the legal principles as to the crime of embezzlement as alleged in the ground for appeal, in light of the deep relation between the organization and its work and the various circumstances at the time when there is a special need to conduct a lawsuit or respond to the complaint for the benefit of the organization (see Supreme Court Decisions 2004Do6280, Oct. 26, 2006; 2009Do3982, Sept. 24, 2009, etc.).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.