The defendant shall be innocent.

1. In the facts charged, the Defendant is the president of the Korea Housing Association.

It is necessary to pass a resolution at the general meeting of the partnership in order to give up the business rights of the partnership and to give up the possession of the project site.

Nevertheless, on December 9, 2016, the Defendant transferred the business rights of the D Housing Association owned by the Company E to the members of the Company and self-employed corporation within the office of mutual certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government, and D Housing Association entered into a contract with the joint guarantor to the effect that the said Company renounces the waiver of business rights and the possession of the project site as a joint guarantor, and entered into a contract with the seal and signature of the name of the head of the association in the joint and several guarantee column of the contract so that the said Company may enter into a contract without the

2. The judgment prosecutor applied Articles 85 subparag. 5 and 24 subparag. 3 subparag. 5 of the former Act (wholly amended by Act No. 14567, Feb. 8, 2017) to the effect that the Defendant entered into a contract that requires a resolution of a general meeting as the president of a regional housing association as a head of a D local housing association without the determination of the general meeting.

In light of the records, the D Regional Housing Association is not a association based on the Act on the Non-Act on the Maintenance of Urban and Residential Environments, and it is not a association based on the Act on the Non-Act on the Maintenance of Urban Areas and Residential Environments, and there is no other ground to deem that Article 85 subparag. 5 and Article 24 subparag. 3 subparag. 5 of the former Act on the Maintenance of Urban and Residential Environments apply to the housing association of this case as the housing association established under Article 44 of the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003).

Therefore, the facts charged of this case, which is premised on the application of the above Article to the housing association of this case, cannot be recognized.

3. Conclusion, the instant facts charged constitute a case where there is no proof of crime, and Article 325 of the Criminal Procedure Act is applied.