The defendant shall be innocent.

1. The summary of the facts charged is the victim B Association managing director from around 2012 to around 2016, and a person who has overall control over the affairs of the Association, including the management of funds of the said Association.

On August 26, 2016, for the victim association, the Defendant arbitrarily transferred KRW 3 million to the account under the name of the Defendant (Account Number: C) while keeping funds owned by the victim association in the course of performing his/her duties, and used it as the registration fee of the Defendant’s children around that time. On January 12, 2017, the Defendant arbitrarily used KRW 2.4 million in cash owned by the victim association as the living expenses, etc. of the Defendant.

2. Comprehensively taking account of the following circumstances acknowledged by the record, the money used by the Defendant was received from the Association as “market public expenses” or “office operating expenses and out-of-door equipment,” and the Defendant deemed that the said money was paid in terms of actual expenses related to the provision of the Defendant’s office as a managing director of the Association, and used the money for personal purposes. The evidence submitted by the Prosecutor alone proves that the Defendant had the criminal intent of embezzlement without reasonable doubt.

shall not be deemed to exist.

A. Prior to the integration, B Association and E calculated KRW 550,000 per annum on the terms of “market contribution” to the managing director, and paid KRW 6.6 million per annum to the managing director.

The Association did not ask the managing director to use the said money while settling accounts, but did not ask him/her a receipt on the details of use.

The General Director F of the Association appeared as a witness in this Court, and stated that it is possible to receive a certain amount of money in advance before the end of each year, not to pay a certain amount of money each month.

B. In addition, the Association paid 1.2 million won per annum to the operating personnel as “office operating expenses and outing equipment,” but did not ask the user at the time of the settlement of accounts or ask the receipt.

(c).