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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On December 16, 2009, the Defendant: (a) made an investment of KRW 1478,00,000 from the said account that was kept by the victim C with D, E, F, and G, and embezzled the amount of KRW 30,000,000,000 from the said account that it had been kept for the victim; and (b) made a new construction of the announced source and studio on the land located in J to distribute profits; and (c) made a contract with the victim to distribute profits after the sale of the said land; (d) entrusted the management of the disbursement of business funds, proceeds from sale, and to dispose of the said proceeds; and (e) deposited the Agricultural Cooperative account in the name of D, the Defendant voluntarily disbursed the amount of KRW 500,000 from the said account that it had been kept for the victim; and (e) withdrawn the amount of KRW 300,000 from the said account under the name of the victim on February 11, 2010.
B. On July 22, 2011, the Defendant testified to the Defendant’s agent’s testimony in the case of the claim for cancellation of the right to collateral security against F and G at the Cheongju District Court Decision 229, Cheongju District Court Decision 2010Kahap7024, which was brought against F and G, as a witness in the above court’s claim for cancellation of the right to collateral security, and testified after oath. The Defendant’s agent’s testimony to “Isia’s 10 million won deposited by Defendant G as of February 22, 2010, without depositing the Plaintiff’s management account into the Defendant’s management account.”
However, in fact, on February 22, 2010, the Defendant received transfer of KRW 30 million from G to a passbook under the name of the Defendant managed on the account of investment, and voluntarily withdrawn and used it. Therefore, the aforementioned testimony was false, even if it was a false content, and accordingly, he/she issued a false testimony contrary to his/her memory.
2. Prosecution of the defendant;
A. On December 16, 2009, the Defendant’s embezzlement was invested together by C, E, F, and G on December 16, 2009, and is in a considerable sense of Cheongju-si.