The Defendant, as a joint representative director of the Dispute Resolution Co., Ltd. established for the reconstruction project in Songpa-gu Seoul Metropolitan Government, tried to withdraw KRW 100 million for the purpose of receiving agency services at the office of the said company, and deliver it to the chairperson of the said Promotion Committee to E. at the said Promotion Committee on February 17, 2015. However, as the Defendant refused to receive agency services, he/she deposited it to the Defendant’s personal account and kept it in his/her duties from February 17, 2015 to March 6, 2015, while he/she deposited it into the Defendant’s personal account, he/she consumed it for personal purposes as shown in attached Forms 1 through 6 (excluding the amount described in No. 2).

3. The remaining amount of 11. From March 17, 2015 to July 29, 2015, when the company deposited and kept in the account of the said company, he/she arbitrarily consumed KRW 94,893,283 and embezzled the total amount of KRW 94,893,283 for personal purposes, such as arbitrarily consumed for the same personal purpose as indicated in Attached Table 7 to 17, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness E;

1. Examination protocol of suspect E by the prosecution (including the suspect and each part of statement in F);

1. Statement made by the prosecution with respect to F (including each part of the statement made by the prosecution in G and H);

1. Recording records;

1. Application of the statutes on data submitted by suspect A (including details of account transactions);

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding the pertinent Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the choice of punishment

1. As the representative director, the summary of the claim is embezzlement of KRW 1,800 for the withdrawal (fee) to embezzlement 1,400 listed in the annexed list of crimes, which was withdrawn and used by the Defendant as the provisional payment.

Embezzlement 5, 7 through 10, 13, 14, and 15 are recognized, but the remaining amount is used as business expenses, so there was no intention of illegal acquisition.

In addition, from July 30, 2015, the defendant deposited the victim company's account managed by the defendant into the victim company's account on July 30, 2015, from that time, November 4, 2016.