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The defendant shall be innocent.
Reasons
1. On March 6, 2013, the summary of the facts charged is that the Defendant loaned KRW 100 million to the victim G at the F Office of Seoul, Dong-gu, Incheon, a building E. 1002, and the victim G. In that case, the Defendant acquired a corporation and received a contract deposit equivalent to KRW 50 billion in the amount of the construction contract and the construction contract and the construction contract and the construction contract and the payment of KRW 100 million in the name of the said corporation to the Korea Credit Guarantee Fund as collateral and received a loan from the said corporation by the said corporation until April 1, 2013. In paying the down payment, the examination of the said corporation is completed within one month, and at that time the acquisition of the corporation is finally decided. If it is decided not to accept the corporation, the Defendant agreed to receive the down payment, and the Defendant did not know about the payment of KRW 100 million in the said amount and wired it to the above H account representative as designated by the said Defendant.
However, on April 1, 2013, the defendant was finally decided to not accept H, and the defendant was transferred from K to K on April 19, 2013, the amount of KRW 50 million, and KRW 50 million on April 29, 2013, which was returned to the Defendant’s Suwon Cooperative account, and thus, the above KRW 100 million was deposited for the victim.
Nevertheless, the defendant did not return the above KRW 100 million to the victim, and he consumed it at will with personal debt repayment, the fund of the FF operated by the defendant.
Accordingly, the Defendant embezzled KRW 100 million, which was kept in custody for the victim.
2. According to the records, even if the statement of the victim G himself/herself in the facts charged in the instant case is based on the victim G himself/herself’s statement in the court and investigation agency, the victim transferred 100 million won to the K account, such as the facts charged, but only started from the draft or beautiful level.