The defendant shall be innocent.

1. Summary of the facts charged

A. Main facts charged: Embezzlement is a person who operates a “D convenience store” in Mapo-gu Seoul Metropolitan Government, and the victim E is a person who has worked as an employee of the Korea Development Bank of Korea that entered into a franchise agreement with the Defendant.

The Defendant, around July 6, 2012, delayed payment of KRW 24,50,00,000 of the franchise store subsidy to be paid from the Korea Development Bank Co., Ltd., followed by the Defendant’s communication to the victim who is the employee in charge and offered to “I would be able to find the company if I would pay the party subsidy.” The Defendant agreed to return the franchise subsidy to the victim at the later time from the Korea Development Bank, and received five million won of the franchise subsidy from the victim’s account in the name of the Defendant on the same day.

After that, around July 10, 2012, the Defendant received all subsidies of KRW 24.5 million from the Korea Development Bank of Korea Co., Ltd., and was in custody for the victim the remainder of KRW 5 million after deducting the Defendant’s additional subsidies of KRW 19.5 million. Since July 11, 2012, the Defendant rejected the request from the victim for the return from the said “D convenience store.”

Accordingly, the defendant embezzled the victim's property.

B. Preliminary facts charged: around July 6, 2012, at the “D convenience store” located in Mapo-gu Seoul Metropolitan Government, the victim E should deposit KRW 24.5 million with the initial subsidy at the time of the first franchise store agreement, but the deposit was delayed, and the victim’s threat “I would bring about money using the bonds borrowed from the money, and would not find it as the company,” thereby receiving KRW 5 million from the fright victim to the account under the Defendant’s name.

2. The gist of the prosecution by the defendant and his defense counsel;

A. As to the primary facts charged, the defendant 5 million won is against E.