The defendant shall be innocent.

1. The summary of the facts charged is the victim D's representative director of Guro-gu Seoul Metropolitan Government Building C. 401.

1. On June 2, 2016, the Defendant transferred KRW 11 million in the bank account of the name of the victim company to a new bank account in the name of the law firm and consumed it for personal use in order to use it at the attorney’s expense of the case ( its subordinate branch office of the Incheon District Public Prosecutor’s Office No. 2016 type No. 18054) in which the Defendant filed a complaint by fraud, etc. from E at a place where the location is unknown.

2. On August 17, 2016, at a place where it is difficult to know the place, the Defendant, who was accused by F from F for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (No. 2016-type 2016-type 87533), used the victim’s company’s name as an attorney-at-law’s account, remitted KRW 11 million to a new bank account in the name of the law firm and consumed it for personal use.

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

2. Determination

A. As a matter of principle, attorney fees that can be paid at the expense of an organization are limited to cases where the organization itself becomes a party to a lawsuit, the attorney fees for civil and criminal cases in which the representative of the organization is not allowed to be paid at the expense of an organization. An exceptional case where an organization has a substantial interest in dispute, but a dispute arises in relation to actions, etc. performed by an individual who is in the status of the representative due to legal grounds, or due to the fact that he/she becomes a party to a lawsuit or other legal procedures, or that he/she is a representative or a legal act lawfully conducted for the sake of the organization, there is a special need to file a lawsuit or respond to a complaint for