The judgment of the court below is reversed.

Defendant

Punishment against A shall be KRW 7,00,000, and the punishment against Defendant B and C shall be imposed respectively.

1. The Defendants’ ground for appeal did not recognize the amount equivalent to the benefits as property damages, since they employed disqualified employees and paid the benefits.

In addition, since one N is in charge of duties unrelated to his duties as a member of the registered affairs employed by him, it can not be seen that he provided labor.

Nevertheless, the court below rendered a not-guilty verdict on the ground that NA provided labor and there was no property damage, and there was an error of misunderstanding the facts or misunderstanding the legal principles.

2. Comprehensively taking account of the evidence duly examined and adopted by N, the N served as working members for the registration of the instant association.

On March 28, 2011, 201, 1.5 million won was sentenced to a fine of 1.5 million won due to occupational breach of trust (this Court 2010, 3870, 201) committed by a person who has suffered damage to the association of this case, and its judgment became final and conclusive on January 12, 2012.

Nevertheless, the Defendants, as the chief executive officer or temporary director of the instant association, held a personnel committee, etc. to continue to work for the N and paid 81,393,211 won as benefits, etc. from January 2012 to December 2014.

Although the time when N commits a crime of occupational breach of trust is the representative of the head of the partnership before the N is commissioned as the working members, it is reasonable to view that this constitutes a ground for disqualification as an employee of the partnership, as the court below explained in detail by citing various circumstances.

Meanwhile, the lower court determined that the instant association did not incur property damage on the grounds that the Defendants violated the duties of the Defendants who continued to work for disqualified N, but did not have procedural defects in the process of appointing N as working members for the registration of the instant association, and that N did not excess the cost of NN’s labor provision.

However, this decision of the court below is not acceptable.

This means that if there are many disqualified persons to provide labor, it should be recorded.