The defendant is innocent.

1. In the facts charged, the Defendant is the representative director of D Co., Ltd. (hereinafter “D”) for the purpose of agricultural products sales business in netcheon City.

In order to resolve traffic congestion near the F market in front of the E basin and promote the revitalization of the agricultural products wholesale market, the 1 billion capital was designated as an agricultural and fishery products wholesale market corporation pursuant to the Act on Distribution and Price Stabilization of Agricultural and Fishery Products as a requirement of at least one billion won and a plan for operation was established by giving various benefits to the H market located in Ycheon-si G, and the defendant was designated as a Ycheon City wholesale market corporation.

However, the capital of D established on October 18, 2005 was limited to KRW 100 million, and the defendant was willing to receive the designation of a wholesale market corporation by using D's new loans, etc., which is not capable of preparing KRW 1 billion, until the time of receipt of the application for designation notified by Macheon City.

On January 22, 2010, the defendant in violation of the Commercial Code borrowed 400 million won in the name of D as a business fund at the point of the Southern Mancheon Bank, Gwangju Bank, and deposited it into the account of D's Gwangju Bank (I).

On January 25, 2010, the Defendant withdrawn one cashier’s check amounting to KRW 750,000,000 per face value from the account in the above name of Gwangju Bank, and then deposited one cashier’s check amounting to KRW 50,000 in D’s account (Korean Bank K) with Chapter 2 of the above check at the annual Dong branch of the Korean Bank in the 195,000,000 won per face value, and issued a certificate of deposit of shares.

Since then on January 26, 2010, the Defendant had the staff of the L judicial scrivener office in front of the king-dong Gwangju District Court's Netcheon Branch of the Gwangju District Court from 10,000 to 110,000 shares of D's total number of shares issued at the Yancheon Branch of the Gwangju District Court, and the total amount of capital from 100 million won.