Defendant

In light of the fact-finding in light of the following circumstances, the Defendant’s withdrawal of KRW 350 million, which was withdrawn from the account of the victim B Co., Ltd. (hereinafter “victim”) on November 8, 2010, and KRW 1 billion, which was withdrawn on or around the 16th day of the same month (hereinafter “the withdrawal amount”), was executed under the name of the victim’s company’s investment in the G, and the Defendant did not embezzled the funds of the victim company.

Furthermore, within the scope of reasonable business judgment, the Defendant was invested in G for the benefit of the victim company.

① At the time of the Defendant’s investment in G, there was the consent of the joint representative director of the victim company and the comprehensive management delegation of H and Z of the inside director company.

② At the time of filing a complaint against G, at the time of filing an application for provisional seizure of real estate owned by J, the Defendant did not distinguish between the funds of the victim company and the Defendant for convenience, and the amount of withdrawal was not the money of the Defendant’s personal investment.

③ On November 9, 2010, the amount of KRW 350 million deposited into the account of the victim company via K ought to be deemed to be the return of KRW 350 million withdrawn as above.

The punishment sentenced by the court below on unreasonable sentencing (one year and eight months of imprisonment and three years of suspended execution) is too unreasonable.

On August 26, 2010, the violation of the rules of evidence by the prosecutor and the misconception of facts, the amount of KRW 200 million from the account of the victim company was withdrawn from the account of the victim company, and on the same day, the defendant remitted the amount of KRW 320 million to the account of G via K through K, the defendant withdrawn from the account of the victim company in the above manner, and remitted it through K. The court below determined that the defendant embezzled the funds of the victim company. The defendant was determined to have embezzled the funds of the victim company, the amount invested by the defendant in the investigation agency as security of real estate owned by the defendant among the amount of KRW 2.9 billion.