(영문) 서울동부지방법원 2016.12.06 2016고정1081



The defendant shall be innocent.


1. The summary of the facts charged is the president of the victim D Housing Redevelopment Business Association (hereinafter “victim”) from November 1, 2014 to October 18, 2015, and the Defendant was a full-time executive in charge of exercising overall control over the affairs of the victimized association and managing and executing the assets of the victimized association.

Article 19(1) of the victimized Partnership’s Articles of association provides that “no remuneration shall be paid to executive officers other than full-time executive officers,” and Article 44(2) of the Regulations on Administrative Affairs of the victimized Partnership (Article 42 before the amendment, Sept. 20, 2015) provides that “the full-time executive officer shall not engage in any business for profit-making and that requires his/her own attendance or engage in any other business.”

Even after the Defendant was appointed as the president of the above association on November 1, 2014, the Defendant operated the Korea Institute of △△△△ in Seongdong-gu, Seoul. However, in order to comply with the above prohibition of concurrent operation of the said full-time officer, the Defendant concurrently performed the duties of the president of the association by employing an oriental medical doctor F as an additional employee and deeming him/her as a full-time officer in order to comply with the above prohibition of concurrent operation of the said full-time officer. However, on July 2015, the said F was no longer able to perform the duties as a full-time officer due to resignation of the said F. As such, the Defendant, who represents the damaged association’s property and is responsible for managing the said association’s property, did not concurrently perform the said duties in violation of the above business regulations, and if the Defendant is not a full-time employee, he/she had a duty to inform its members of the circumstances and to not

Nevertheless, on August 25, 2015, the Defendant received KRW 3,970,00 from the damaged union under the pretext of monthly salary and bonus, and received KRW 6,940,000 from the damaged union on September 25, 2015, in total, KRW 1,091,00.