The defendant shall be innocent.

1. On May 27, 2017, the sentence Category B of the facts charged (hereinafter referred to as “instant sentence”) was suspended on the part of the members, who were residing in the Gu, for the purpose of manufacturing, raising, promoting friendship, etc., and re-entering the sentence into the door on September 17, 2017. The Defendant was in charge of the door-to-door agency for the said period.

During the process of being in charge of door-to-door Agency, the Defendant used the circumstance that KRW 11,521,788 of the money was deposited in the account in the name of “B” and deposited and managed the passbook, seal impression, etc. in the account in the name of “D”, and embezzled by voluntarily consuming KRW 8,178,218 of the money in the above door at the private-to-door branch of the E Bank, on October 23, 2017, at the E Bank, 11,521,78 of the money in question.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts are revealed.

1) On April 27, 2017, the instant sentence was rejected on the grounds that: (a) around May 25, 2017, at the general meeting of the board of directors, D was elected as the head of D; and (b) around May 25, 2017, D’s resolution of suspending D’s qualification as the head of a private society was made; and (c) the Defendant, the chief of the division, was subject to the execution of the sentence. D’s objection to D, around June 27, 2017, filed an application for the provisional disposition of suspending the performance of his/her duties against the Defendant (the Defendant was prohibited from performing his/her duties as the head; (c) the court requested that an appropriate person perform his/her duties as the head; and (d) the need for the preservation of the right to receive conservation and the need for the preservation of D’s complaint was also dismissed (the Busan District Court Order 2017Ma10367, Aug. 31, 2017).