1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant is co-defendant B of the first instance trial.

1. Basic facts

A. 1) The Plaintiff is a mutual aid association organized separately from the above trade union, in order to assist the members of the D branch, who are union members of P, in coming-of-age, marriage, funeral and marriage, and retired union members. 2) The co-defendant B of the first instance trial (hereinafter “B”) concurrently held the position of the head of the branch office and the Plaintiff’s chairperson, and the Defendant is the wife B.

B. B’s occupational embezzlement and criminal punishment 1) B was charged for committing a crime, such as occupational embezzlement, by around 2013, Incheon District Court Decision 2013Da3555, and 2014Ma3712 (combined), and was sentenced to three years of imprisonment on October 16, 2014, and was sentenced to one year of imprisonment on December 11, 2014 by filing an appeal (Supreme Court 2014No3766), and the final judgment of conviction became final and conclusive around that time after filing an appeal (hereinafter “relevant criminal judgment”).

(2) The criminal facts found guilty in B in the relevant criminal judgment include the content that “B arbitrarily embezzled the mutual aid fund collected by the Plaintiff Mutual Aid Association members in total 28 times during the period from October 11, 201 to the new bank account in the name of the Defendant, who is the wife, after withdrawing KRW 10 million from the bank account (F) in Korea on October 11, 201, while keeping the mutual aid fund collected by the Plaintiff Mutual Aid Association members in the public fund account, and then remitting the fund to the new bank account in the name of the Defendant, which is the wife, for the purpose of living expenses, such as credit card payments, etc., from that time until June 111, 2013, as shown in the separate criminal list, the sum of the mutual aid funds collected by the Plaintiff Mutual Aid Association members in total 15,060,000 won.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The main point of the defendant's assertion is that the plaintiff is an affiliated organization under the Korean Automobile Trade Union Federation, which is established to efficiently achieve the mutual aid business of the Korean Automobile Union Federation, and is an independent organization separate from the Korean Automobile Union Federation.