The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An applicant for compensation shall be dismissed.

1. A summary of the facts charged: (a) around December 3, 2001, the Defendant obtained a joint bid with the E-Si in Yongcheon-si with F, and completed the registration of ownership transfer in the name of G with the Defendant’s 1/2 shares; (b) around June 1, 2003, the Defendant purchased 1/2 shares of the above land from the F and completed the registration of ownership transfer in the above G name on July 14, 2003.

The Defendant purchased the said E and the neighboring land 14 lots, and received an investment of KRW 20 million on November 30, 2001 from the victim D, and KRW 280 million on September 10, 2002, and transferred 30% of shares in the said E and neighboring land to the said victim. On July 23, 2004, the Defendant received an additional investment of KRW 300 million from the victim, and transferred 10% of shares in the said land to the said victim from July 23, 2004, and from around July 23, 2004, the Defendant shared 60% of shares in the said land and 40% shares in the said land.

Around October 2007, the Defendant: (a) provided H Co., Ltd. with the said E land as an access road to the installation of a solar power plant; (b) provided said H Co., Ltd. with KRW 50 million in cash on October 30, 2007; (c) KRW 50 million in cash on November 6, 2007; (d) received KRW 200 million in promissory notes around January 6, 2008; and (e) embezzled KRW 80 million in total amount of KRW 100 million in cash on behalf of the victim at a time and at a place where it is impossible to know while keeping the victim’s share in custody.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

1) The Defendant borrowed KRW 200,000,000 on November 30, 2001 from the victim in order to raise the proceeds from the sale of 15 parcels of land, including the land size of 311 square meters in Yongcheon-si, E-si, and I road 1,237 square meters. On December 3, 2001, the Defendant was awarded 1/2 shares of the above real estate in the name of G between the Defendant and the private village, and the remainder of 1/2 shares of the above real estate was awarded a successful bid by F.

B. On September 10, 2002, the aggrieved party, when converting the Defendant and the said KRW 200,000,000 into the investment amount, additionally investing KRW 280,000,000, out of the shares in the said real estate G ownership.