The defendant shall be innocent.

1. The summary of the facts charged was served as the representative director of the Victim C Co., Ltd (hereinafter “C”) from January 8, 2009 to June 9, 2010.

In managing a company as the representative director of the victimized company, the defendant has a duty to manage the company's property with the care of a good manager so that no property damage to the company may occur.

Nevertheless, around June 4, 2010, the Defendant, in violation of the above occupational duties at the Ejoint law office located in Gwangju-dong, Gwangju-gu, and completed a certified copy of a loan instrument to accept a false compulsory execution under the name of the victimized company, as if the victimized company borrowed KRW 340 million from F in order for the victimized company to repay the debt of KRW 340 million, which was borne by the Defendant to F (hereinafter “F”), notwithstanding the fact that the victimized company borrowed KRW 340 million from F.

As a result, the defendant suffered damages equivalent to KRW 340 million in the damaged company and caused F to obtain financial benefits equivalent to the same amount.

2. On June 4, 2010, the Defendant’s summary of the Defendant’s lawsuit, as indicated in the facts charged, prepared a loan certificate of KRW 340 million to F in the name of C, as indicated in the facts charged. However, the Defendant asserts that C continued seizure by other companies against G, a principal contractor, in the situation that C bears material costs liability against F, etc., with respect to the original contractor, it was prepared to assist F in collecting the F’s debt, and that it was not prepared for the purpose of securing personal debt, such as written in the facts charged.

3. Determination

A. The following circumstances are acknowledged based on the circumstances that correspond to the facts charged, the defendant's partial statement, the witness H's legal statement, and the evidence submitted by the prosecution, i.e., the witness H, who is the representative director, has been in this court since the police.