The defendant shall be innocent.

1. The Defendant in the facts charged is a person who operates a company and is engaged in the management of company property while serving as C representative director.

On September 24, 2013, the Defendant borrowed KRW 75 million from the Ligu, Seogu, Daegu-gu, 141 as a general fund for business facilities at a location of Ligu, Seo-gu, 201, and offered one high speed stamp (DT400/360D) of the market price owned by the Defendant to the victim as security by the possession revision.

Since the defendant borrowed KRW 75 million from the injured party in accordance with the above agreement, the defendant had a duty to manage the above machinery provided as security in accordance with the purpose of security.

Nevertheless, from April 2015 to June 24, 2015, the Defendant arbitrarily disposed of one of the above machinery and equipment to the person in a name-dissatisfy during the period from mid-2015.

Accordingly, the defendant acquired property benefits equivalent to KRW 75 million of the security value of the above machinery, and suffered damages equivalent to the same amount to the victim.

2. Comprehensively taking into account the Defendant’s legal statement, the Defendant’s prosecutor’s office and police interrogation protocol, written statement about the Defendant’s employees D, credit transaction agreement, transfer security agreement, collateral security agreement, photograph of transfer security, account transaction details, transaction agreement, etc., the Defendant is a person who operates the company and manages the company’s property while working as the representative director C. On September 24, 2013, the Defendant borrowed KRW 75 million from the location of office, Seogu-gu, Daegu-gu, Daegu-gu, 141 on behalf of the said company for general corporate facilities at the point of office, Seogu, Daegu-gu, Daegu-gu, Seoul-gu, and offered the victim a high speed of KRW 75 million (DT40/360D) at the market price owned by the said company as security by the Defendant’s possession and amendment. On May 16, 2015, the said company did not pay interest on the above loan and did not communicate with the said company around May 20, 2015.