The defendant shall be innocent.

1. The Defendant was a person who operated H when he was aware of the facts charged in the instant case, and the victim I was a person who acquired the above private teaching institute from the Defendant.

Around December 1, 2015, the Defendant drafted a summary statement on the transfer of the right to operate a private teaching institute to the victim and the private teaching institute at the H office, and the victim paid KRW 50 million to K, the representative of J, who is exercising the right to retention on the building of the said private teaching institute, until February 25, 2016, subject to the waiver of the right to retention.

Accordingly, on January 29, 2016, the Defendant received 25 million won in total from the Agricultural Cooperative account (L) in the name of the Defendant on the same day, and stored for the victim, after receiving a request from the victim to deliver expenses for waiver of the right of retention, and received 45 million won in total from the Agricultural Cooperative account (L) in the name of the Defendant on the same day, and received 45 million won in total from February 25, 2016 to February 4, 2016, the Defendant paid 25 million won in total to the said K on February 1, 2016 and 25 million won in total from January 29, 2016 to February 26, 2016, and embezzled 20 million won in the name of the Defendant’s personal debt for the purpose of voluntary embezzlement, etc. from January 29, 2016 to March 4, 2016.

2. According to the witness I’s legal statement, investigation report, detailed inquiry, and waiver of the right of retention on December 30, 2015, the victim: (a) made a written waiver of the right of retention between the victim and the representative director K on December 30, 2015; (b) KRW 5 million on January 25, 2016; and (c) KRW 50 million on February 25, 2016; and (d) the victim received money from each of the above parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective funds under the agreement to waive the right of retention on the H building; and (b) the victim received money from each of the parties’ respective parties’ respective parties’ respective parties’ respective parties’ respective parties’ funds on December 30, 2015.