The defendant shall be innocent.

The Defendant, from September 2008 to July 2010, was engaged in the business of planning and implementing equipment, personnel, materials input, etc. of the construction site, and supervising the construction site as a whole, at the site of the public service department of D Co., Ltd. (hereinafter referred to as the “Corporation”), which is a contractor, at the site of the Goyang-gu C Sewage culvert (hereinafter referred to as the “instant construction”).

On October 18, 2008, the Defendant paid 6 million won in total as the lease deposit money for 102 G lending and 401 H lending each 3 million won in order to use the said construction site as a worker accommodation at the office of the F Licensed Real Estate Agent in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, for the purpose of using it as a worker accommodation at the above construction site, but when the lease term expires, the deposit amount of 102 million won in October 12, 2009 was returned from each lessor on October 18, 2009, and 3 million won in the deposit of 401 in the deposit of 401 in the course of business for the purpose of the company, at around that time, the Defendant embezzled the deposit amount of 10 million won in Seoul and Yangyang-gu, Seoul and then embezzled it at his own discretion.

Judgment

According to the evidence submitted by the prosecutor, the following facts are acknowledged:

① From October 2008 to July 2009, the Defendant received 3.5 million won per month from the instant company and served as the head of the public service division, and from August 2009, from the I Construction that was sub-subcontracted with the said construction, the Defendant was the head of the public service division.

② If the Defendant planned and anticipated equipment, materials, and personnel inputs at the site of the instant construction project and demanded the company to execute the construction cost, the construction project was carried out in the form of approving the details and remitting the construction cost to each construction business operator or each other.

(3) The Defendant paid a rental deposit to a lessor with his own money at the time of entering into each lease contract entered in the facts charged, and received a rental deposit from the company around November 2008.

(4) The defendant did not pay the rental deposit to the company even though he was refunded from the lessor.

However, the above evidence is shown.