The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, who is a planning real estate company, is in office as the vice-chairperson of the Fund in charge, and purchases real estate for the victimized company, takes overall control over the business of creating profits by selling the real estate to the general public by dividing the real estate, and operates the victimized company with G, the president of the Fund in charge of raising funds.

The Defendant purchased I 204,942 square meters (hereinafter “H forest”) under the name of the J on behalf of the victimized company under the delegation by the Plaintiff, a victimized company (H forest related to H forest). The Defendant paid a brokerage commission to K who arranged the sale of the forest. However, due to the shortage of the funds of the victimized company, sold the divided L 71,462 square meters from the said H forest and paid a brokerage commission as the selling price. Upon delegation by the victimized company, the Defendant sold the divided forest and forest to M on January 3, 2008, the Defendant sold the divided forest and forest to M around 80 million won.

On January 4, 2008, the Defendant: (a) received money from the above buyer M to one bank account in the name of N; and (b) kept in custody for the victimized company; (c) around the 5th of the same month, around the same month, the Defendant: (a) had the Plaintiff use KRW 3 million for a private purpose; (b) had the Plaintiff withdraw money from the above N in cash; and (c) had the Plaintiff receive it and used it for a private purpose.

Accordingly, the defendant embezzled 5 million won, which he had been in custody for the damaged company.

B. Occupational breach of trust (related to PP forest) is entrusted by the F, a victimized company, and the Defendant deals with the business of purchasing Q Q 114,679 square meters and R 151,972 square meters on behalf of the victimized company (hereinafter “P forest”) 800 million won, on behalf of the victimized company, the Defendant purchased the above P forest at the seller’s request and transferred the ownership in the name of the Defendant’s wife, and again, transferred the ownership in the name of the victimized company.