The defendant shall be innocent.

1. On June 4, 2012, the Defendant: (a) knew of the fact that the victim D and E agreed to discount a bill of promissory notes with the victim’s KRW 30 million of the F-issuance of the Co., Ltd. at which the victim is a director and divide it into half, the Defendant was issued the said promissory notes upon the victim’s request for the discount of the said notes.

On June 5, 2012, the Defendant received discount from KRW 23,852,00 through the I company located in the H building in Bupyeong-gu, Seoul Special Metropolitan City and embezzled the said bill by arbitrarily consuming KRW 11,926,00 among them for the victim.

2. The assertion and judgment

A. Summary of Defendant’s assertion 1) The Defendant’s promissory note stated in the facts charged (hereinafter “instant promissory note”).

(2) The agreement between E and the victim on the use of the discount amount by dividing one half of the discount amount of the bill (hereinafter “instant agreement”) before the discount amount is consumed as business-related funds.

(2) The Defendant initially was running a new apartment construction project in the SsiguJ, but only fested to the effect that E would be able to use the instant discount amount as the investment amount of the said project, thereby consuming the said discount amount with the funds related to the said project.

3. However, as mentioned above, E had an explanation of the instant agreement entered into with the victim at latest, and the victim who did not receive the money under the said agreement ultimately filed a criminal complaint against E and himself/herself.

B. In light of the following circumstances recognized by the records of this case, each statement in the victim, E investigation agency, and court, which seems to correspond to the facts charged, is difficult to believe as is, and the remainder submitted by the prosecutor.