The Defendant, on May 2012, while keeping the operating funds of the Company for the victim, did not appear to have actually worked in the above Company, but was paid as if he had been an employee, to embezzled the operating funds of the Victim.

Accordingly, the Defendant, as if he employed E as an employee of the victimized person on May 2, 2012, caused the employee in charge of accounting to remit the total of KRW 19,147,580 to E (G) accounts in the name of E as shown in the list of crimes in attached Table, from June 22, 2012 to April 15, 2013.

Accordingly, the defendant embezzled the victim's property.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant's defense that H remitted total of KRW 19,147,580 to the victim corporation D (hereinafter "victim Company") as the salary for E in order to repay KRW 20 million loaned to H to the victim corporation D (hereinafter "victim Company"), is persuasive, and the other evidence submitted by the prosecutor alone is insufficient to recognize the defendant's criminal intent of embezzlement or illegal acquisition.

① On April 5, 2012, H loaned KRW 20 million to the victim company via the Defendant, who is a birth.

H In this Court, at the time of lending money, the Defendant requested the employment of the E, who is the child of the Defendant, and E was employed in the victim company, but the said loan was not worked in the victim company, but was not worked in the future, with the same employment status maintained in favor of future work experience, etc., and was paid in the monthly salary of E.

was stated.

E’s monthly pay from June 22, 2012 to April 15, 2013.