The defendant shall be innocent.

1. The Defendant, from October 19, 2006, worked as the actual manager of the victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the sixth floor of the Gangnam-gu Seoul Metropolitan Building from around October 19, 2006, and was engaged in fund management, enforcement, and operation.

On November 1, 2006, the Defendant concluded a "contract for the transfer of business rights and for the acquisition of real estate by proxy" to acquire a new apartment house (hereinafter referred to as "I business rights") with the I business rights from J Co., Ltd. on or around February 5, 2007, the Defendant borrowed 60 billion won from K Co., Ltd, a special purpose company (SPC) established by the above damaged company through Korean investment securities, etc. with the corporate bills issued by K Co., Ltd., a special purpose company (SPC) for the acquisition of business rights in order to use them for the purpose of the acquisition of business rights, etc., and received 1 billion won out of 2 billion won, which was specified as the intermediate payment for the I business rights from the early March 2007.

On March 8, 2007, the Defendant transferred KRW 2 billion from a foreign exchange bank passbook (Account Number: L) in the name of the Defendant to a single bank passbook (Account Number) in the name of the JJ Co., Ltd. in advance, and remitted KRW 1 billion from one bank passbook in the name of J Co., Ltd. in the name of intermediate payment from one bank passbook in the name of J Co., Ltd., and issued KRW 10 billion cashier's checks (Account Number: N) in the remaining KRW 1 billion to one billion on March 12, 2007, and embezzled it in the name of personal debt repayment at that time.

2. The Defendant asserted that the Defendant paid the second intermediate payment by remitting KRW 2 billion to the J Co., Ltd. (hereinafter “J”) and personally borrowed KRW 1 billion from the J.

3. 1 billion won that the Defendant embezzled in the instant case, as stated in the facts charged, was remitted to J by the victimized Company.