The defendant shall be innocent.

1. From around December 2, 2011, the Defendant, as the president of the Seo-gu Daejeon Apartment Council, transferred common funds, such as management expenses, to an account under the name of the council of occupants' representatives, and embezzled the amount of KRW 2,200,000,00 from the income of the apartment’s common funds, to E in order to respond to the case of application for provisional disposition by the president of the council of occupants’ representatives (Seoul District Court 2012Kahap101), which was filed by D at the management office of the apartment on October 22, 2012, the Defendant entered into a contract with E, the attorney-at-law in order to respond to the case of application for provisional disposition by the president of the council of occupants’ representatives (Seoul District Court 2012Kahap101).

2. As a matter of principle, attorney fees, which can be paid as expenses of an organization, are limited to cases where the organization itself becomes a party to a lawsuit, attorney fees for civil and criminal cases in which the representative of an organization becomes a party to a lawsuit cannot be disbursed as expenses of an organization. exceptional interests in disputes are given to an organization, but an individual who is in the status of such representative for legal reasons

The attorney fees may be paid at the expense of an organization only when there is a special need to file a lawsuit or respond to a complaint for the interests of the organization in light of the deep relation with the organization and the overall circumstances, such as the case where a dispute has occurred in connection with the act of duties or the status of its representative lawfully done for the organization or because of the status of its representative.

(see, e.g., Supreme Court Decision 2009Do4987, Sept. 10, 2009). In cases where a corporation director’s provisional disposition of suspending the performance of duties against a corporation director, the director performing the corporation’s duties.