The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the chairperson of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) in Jung-gu Seoul Metropolitan Government, who is in charge of overall management and supervision of the Victim Co., Ltd., and E is a person who performs substantial duties as the former director of the Victim Co., Ltd., and F is the latter president who was appointed as the representative director of the Victim Co., Ltd. from April 14, 2005 to September 28, 2005.

E on April 1, 2005, with the consent of the defendant for the purpose of using the apartment as a security for the business of the victim company, purchased at the expense of the victim company in the name of Jung-gun G apartment in Gangwon-do (hereinafter collectively referred to as "the apartment of this case") 1.5 million won from the seller H, and transferred the registration of ownership of the apartment of this case to the name of F, the "the President of the Republic of Korea" of the victim company for convenience.

After renting the apartment in this case, the Defendant: (a) concluded a lease agreement with the lessee in terms of the lessee’s deposit amounting to KRW 15 million; and (b) concluded a lease agreement with the lessee in terms of the lessee’s deposit amounting to KRW 13 million; (c) from August 1, 2005 to August 19, 200; (d) concluded a lease agreement with the lessee in terms of the lessee’s deposit amounting to KRW 12 million; (e) KRW 203; (e) KRW 15 million; (e) KRW 204; and (e) KRW 304, KRW 15 million; and (e) KRW 304, KRW 13 million; and (e) made a lease agreement with the lessee in terms of the lessee’s deposit amounting to KRW 65 million; and (e) embezzled for the victim company.

2. Determination

A. Embezzlement is a crime punishing a person who keeps another’s property to embezzled such property. Therefore, in order to constitute embezzlement, the property subject to embezzlement is required to be owned by another person.