The defendant shall be innocent.

1. On November 28, 2015, the summary of the facts charged entered into a sublease contract with the Defendant, at the office of “D Et” which was leased and operated from around November 28, 2014, to sublet the Defendant to the victim E a deposit of KRW 120,000,000,000, which is part of the above Et facilities. The Defendant, as a security for the Defendant’s obligation to return the above deposit, agreed to provide the Defendant with the goods of the house located inside and outside the above Et as a collateral for transfer to the victim.

In accordance with the above agreement, the Defendant received the down payment of KRW 10 million from the injured party immediately, and received the intermediate payment of KRW 50 million on December 10, 201 of the same year, and the remainder of KRW 60 million on January 14, 2016. As such, upon the receipt of the remainder, the Defendant breached the above duties and delivered F with the right to operate the said marina and all goods inside and outside the said marina to F at the above marina office on April 5, 2016, while there was a duty to keep the goods inside and outside the said marina in accordance with the security purpose.

Accordingly, the defendant acquired property benefits equivalent to KRW 120 million in the above deposit, and suffered damages equivalent to the same amount as the victim.

2. (1) An act of breach of trust in breach of trust refers to a person who administers another’s business, in violation of his duties;

(2) According to the agreement entered into between the Defendant and G, the witness G, the legal statement of H, the legal statement of witness E, the written confirmation of E preparation (Evidence No. 1), etc., the following facts may be acknowledged:

① According to the agreement entered into between the Defendant and F’s agent G, the Defendant, on April 5, 2016, transferred not only all the goods inside and outside the instant marina, which were the purpose of ensuring transfer of E, but also all the goods inside and outside the instant marina, to F in a comprehensive manner as a party to a contract between E (i.e., contract of comprehensive transfer according to G’s legal testimony.