2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

A. The Plaintiff is the Chairperson of the D Apartment Women’s Association located in Busan Dongdong-gu (hereinafter “instant Women’s Association”), and the Defendant is a person in charge of fund management while serving as the president of the instant Women’s Association from August 4, 2009 to December 27, 2012.

B. On March 5, 2014, the Defendant: ① (a) participated in the “G Games,” which was held by the Plaintiff as the representative of the above apartment at the E Training Institute located in Busan-gun, Busan-gun, with the head of the first instance court’s joint Plaintiff F, etc. on February 5, 2013; and (b) embezzled the amount of KRW 2,00,000 won of the apartment development fund, which was awarded by the Plaintiff E as a part of the activation of apartment business; and (c) embezzled it for the Women’s Association; (d) arbitrarily consumed it and embezzled it for the instant offense (Article 2014-type 23467 of the Busan Busan District Prosecutors’ Office; hereinafter “Embezzlement”) and (e) embezzled it for the instant offense; and (b) further, (c) around 13:00 on November 27, 2013, the Plaintiff made a criminal complaint with the instant nine members of the Women’s Association located in Busan-gu, Busan-gu, with the Plaintiff’s criminal complaint.

(Public Prosecutor's Office No. 2014 type 39009, hereinafter referred to as "victim's complaint")

However, the above prosecutor's office rendered a non-prosecution disposition regarding embezzlement complaint on April 3, 2014, and on May 27, 2014, each of the "no suspicion (no suspicion of evidence)" on the charge of assault complaint.

[Ground of recognition] A.1, 3 (including paper numbers; hereinafter the same shall apply), A.14 through A.16, 2.3, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant made an unlawful embezzlement complaint and assault complaint against the Plaintiff, thereby suffering mental pain to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 10 million and delay damages incurred by the tort.

3. Determination

(a) The complainant is generally the defendant.