1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff, from October 24, 2007 to September 24, 2009, was in office as the Defendant’s director, and from September 25, 2009 to March 29, 2012, was in office as the Defendant’s managing director and supervision over the Defendant’s overall duties.

B. Under Article 38(1) of the Door-to-Door Sales, etc. Act, the defendant shall obtain approval of the Fair Trade Commission with respect to the establishment of a corporation established for mutual aid business for consumer damage compensation and public services for protecting the rights and interests of consumers (Article 40 and Article 45 of the Enforcement Decree of the same Act). On the other hand, the defendant may receive budgetary support from the Fair Trade Commission (Article 41 of the same Act), supervision and corrective order with respect to business, accounting, etc., and demand disciplinary action and removal of the executives and employees (Article 39

On July 24, 2013, the Plaintiff was sentenced to two years of imprisonment with prison labor, three years of suspended execution, community service work 200 hours due to occupational embezzlement, etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”) on the following criminal facts, and appealed, but on October 18, 2013, the Plaintiff was sentenced to a judgment dismissing the appeal by the same court (2013No2526) (hereinafter “instant criminal judgment”) on the grounds that the appeal was withdrawn on January 10, 2014, and the judgment became final and conclusive (hereinafter “instant criminal judgment”).

1. Use of business promotion expenses corporation cards and occupational embezzlement related to overtime allowances;

A. On February 9, 2008, the Plaintiff used the national visa card under the name of the Defendant for personal purposes by settling the sum of KRW 26,268,594 in the same way 73 times from around that time to February 9, 201, as well as the payment of KRW 201,00 of the contact fee from C located in Hongcheon-gun, Gangwon-do.

Accordingly, the Plaintiff embezzled total business promotion expenses of the Defendant 26,268,594.

B. The Plaintiff, from January 2010 to August 2010, served as the Defendant’s executive director, who is an executive officer, out of time.