The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

1. The Defendant was a representative director of the Victim Co., Ltd. from February 29, 200 to February 1, 2010, and was in charge of the overall business of the company. From April 2006, the Defendant borrowed KRW 500 million from the Korea Exchange Bank in the name of the above company from the Korea Exchange Bank at the office of the 9th floor Co., Ltd. office of the Gangnam-gu Seoul, Seoul, Seoul, to keep it in the business. At the time, the Defendant purchased an apartment house of KRW 709, 301 (hereinafter “the apartment house of this case”) in order to pay half of his mother Eul, the Defendant purchased the apartment house of KRW 709, 301 (hereinafter “the apartment house of this case”) in order to transfer the ownership in the name of E on March 12, 2003, and he was residing in the above apartment house, and E received the above apartment house from the Korea Exchange Bank at will, on the ground that he offered the above apartment house as security, he embezzledly paid the above KRW 6000 million.

2. In the judgment of embezzlement, the intent of unlawful acquisition is that the person who keeps another’s property intends to dispose of (including refusal to return) the owner’s own property without authority contrary to the purpose of the entrustment.

Therefore, if the custodian disposes of it for the benefit of the owner, not for his own or a third party's interest, it cannot be recognized as an intention of unlawful acquisition unless there are special circumstances.

(1) The defendant purchased the apartment of this case with E on March 12, 2003 and owned the apartment of this case in the name of E on April 23, 2009 (see, e.g., Supreme Court Decision 2009Do495, Apr. 23, 2009). According to the records, the defendant borrowed the apartment of this case with E on March 12, 2003 and borrowed the purchase price of KRW 260 million equivalent to his own share from the life insurance company in the interest country to E as the debtor at the time of purchase, and fully repaid the above loan obligation with his own money on May 9, 2005. However, the apartment of this case was first purchased with E, and therefore, E is its own apartment.