The defendant shall be innocent.

1. The Defendant is the head of a partnership of a D urban environment maintenance and improvement project partnership (hereinafter “instant partnership”).

In order for the Defendant to conclude a “contract to become a partner, other than the matters prescribed in the budget” under the Act on the Improvement of Urban and Residential Environments, it must be subject to prior resolution at the association’s general meeting. However, on August 19, 2013, the Defendant concluded a public relations service contract for an ordinary general meeting (hereinafter “instant service contract”) with the instant union and E company without a prior resolution of the association’s general meeting, containing the following: (i) arranging the list of partners; (ii) promoting and explaining the major contents of the association members’ general meeting; (iii) attending the association members’ general meeting; (iv) explaining the methods of preparing a written resolution at the association’s general meeting; and (v) explaining the relevant work of the cooperative members’ general meeting requested by the association; and (v) disbursed the service cost of KRW 14,713,600 (the supply price of KRW 13,376,00,137,600,600).

2. According to the evidence duly adopted and examined by the court, the fact that the instant association entered into the instant service contract and paid the cost therefrom is recognized.

Meanwhile, comprehensively taking account of the following circumstances acknowledged by the foregoing evidence, it is difficult to view the “instant service contract” as “a contract that becomes a partner’s burden, other than the matters prescribed by the budget,” as stipulated in Article 24(3)5 of the Act on the Non-Act on the Maintenance and Improvement of Urban Areas and Residential Environments,” and the evidence submitted by the prosecutor alone is insufficient to acknowledge

A. On February 24, 2012, the instant cooperative held a general meeting of shareholders and passed a resolution on the resolution of a business implementation plan.

According to the above program, “other expenses” was set at “8,03,640,000 won” and “all kinds of service charges and allocated charges, etc.” were stated as “calculated grounds,” but the detailed items and amount were not determined.

B. The instant association holds a council of delegates on August 9, 2013.