The defendant shall be innocent.

1. The summary of the facts charged in the instant case is that the Defendant was the representative director of the Victim B Co., Ltd. (hereinafter “victim”). On September 7, 2015, the board of directors decided to hold a temporary general meeting of shareholders, including “the case of director and auditor acting in good faith,” etc. on the part of the Victim B Co., Ltd. (hereinafter “victim”) and one-way director of the victim Co., Ltd. (hereinafter “Co., Ltd. (hereinafter “Co.”). However, on September 9, 2015, the board of directors held a temporary general meeting of shareholders on the agenda of “the case of director and auditor acting in good faith,” etc. on the part of the Plaintiff Co., Ltd. (hereinafter “Co., Ltd.) but it is difficult to secure the right to manage the company by appointing a lawyer and filing a criminal complaint against C, etc. on September 1, 2015, F Co., Ltd. (hereinafter “Co., Ltd.) to secure the right to manage the company’s total amount of KRW 201.5 million.

2. Determination

A. We examine whether the Defendant arbitrarily embezzled 16.5 million won of the victim company’s public funds for the private purpose of securing management rights.

B. According to the evidence duly adopted and examined by this court, the Defendant concluded a contract for the delegation of a lawsuit with the law firm E and concluded the contract (16 million won) in light of the following facts and circumstances.