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

1. The Defendant, as the representative director of the Victim E Co., Ltd. (hereinafter “E”), is a person who has overall control over the management of funds and overall business.

On June 20, 2007, the Defendant received loans of KRW 70 billion from Gyeongnam Bank related to the instant construction project from Gyeongnam Bank in the name of Gyeongnam Bank (hereinafter “instant construction”) and deposited the instant construction project into the E-registered one bank account (Operation Account) for the victim E in the course of business at the office of 3rd floor E in Seocho-gu Seoul, Seocho-gu, Seoul. On June 20, 2007, the Defendant deposited KRW 70 billion in the name of Gyeongnam Bank (Operation Account).

On the other hand, the above PF loan agreement provides that "the borrower shall use the loan only for the payment of expenses related to the project (such as repayment of existing loans, project costs, financial expenses, etc.)" as "the purpose of the use of the loan". Thus, the above PF loan amounting to KRW 70 billion shall be used only for the expenses related to the construction of this case after obtaining approval for the execution of the loan from the Korea Investment Securities Co., Ltd. (hereinafter "Korean Investment Securities") which is an agent, and it shall not be used for any purpose other than

Nevertheless, the Defendant, as a major shareholder (the Defendant’s name, 36.36% in the name of the Defendant, 9.09% in the name of the Defendant’s wife, 9.09% in total in the name of E, 54.54% in total) of the J Co., Ltd. (hereinafter “J”), was willing to use the above EPF loans at will in order to repay 10 billion won in respect of the obligation to the FF loans to the YY Co., Ltd., Ltd. (hereinafter “J”), and on June 21, 2007, without having borrowed 10 billion won from J, submitted a written request for withdrawal from the Korea Investment Securities stating “J to repay 10 billion won in its own loan,” and obtained approval for its execution, and lent it to the J.

Accordingly, the Defendant voluntarily uses 10 billion won of the PF loans related to the instant construction work, which are kept in office for the victim E.