The defendant shall be innocent.

1. Around May 2008, the Defendant entered into a lease agreement with the lessor E on the first floor of the building in Gangnam-gu Seoul Metropolitan Government under the name of the Defendant’s wife and operated the “F” restaurant at the said store. On November 4, 2008 through November 21, 2008, the Defendant entered into a contract with the victim’s G to operate the said “F” restaurant as the said G and Dong business. On November 18, 2008, the lessee of the said lease agreement changed the said C and G joint name, and on June 30, 2009, the said “F restaurant” changed the name of the said “H restaurant to H restaurant.”

On February 12, 2010, the Defendant received 43,470,930 won, excluding the rental fee, etc. from the said restaurant store E, for the termination of the lease agreement, from the said restaurant store E, to the deposit account in the above C bank, and repaid KRW 20,000,000 to I, the Defendant’s creditor, on February 16, 2010, under the pretext of returning the investment deposit to the “J” restaurant, which is another restaurant.

As a result, the defendant embezzled the property, which is the same business property with the victim.

2. According to the records, on February 12, 2010, the Defendant received a lease deposit of KRW 43,470,930 from a lessor E after deducting overdue rent, etc., and remitted KRW 20,000,000 to I on February 16, 2010. G knew that the Defendant was returned the lease deposit and demanded the return of the investment deposit. On February 17, 2010, G agreed to substitute the Defendant with the loan of KRW 170,000,000 from G with the intent that the Defendant borrowed 170,000,000,000 won from G, and G in the above recognition, from this Court, G is one to two days from the date on which this Court written the said monetary lending contract.