The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is the representative director of the Council C (hereinafter “Council”) which is an incorporated association, and D is the former representative director of the Council.

D Around October 30, 2015, at the new bank Young-dong branch, a new bank account (G; hereinafter “new bank account of this case”) in the name of the Council of this case and deposited KRW 3.5 million into the new bank account (G; hereinafter “new bank account of this case”) in the name of the Council of this case where the injured person was holding 6 million out of 6 million won under custody after receiving payment from E as support payment under the name of “F”).

After that, the Defendant confirmed the account of the Council of this case at a non-permanent place on November 10, 2015, and confirmed that KRW 3.5 million was deposited in cash, and withdrawn KRW 3 million in cash, and the remainder KRW 500,000 was transferred to the national bank account under the name of the Council of this case. The Defendant refused to return the said money even though the Defendant continued to demand the return thereof from November 27, 2015.

2. In light of the fact that the Defendant did not return money for a considerably long period despite D’s repeated demand, and that it was returned after the indictment of this case, there is a strong doubt that the Defendant did not have any intent to acquire money; however, considering the following circumstances revealed from the evidence duly adopted and investigated by the court, there was an intention to obtain money by the Defendant.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

A. The new bank account of the instant case was under the name of the Council of the instant case, and there was a circumstance to mislead the Defendant that the deposited money was not D’s money.

In addition, on October 30, 2015, D deposited money into the above account under the name of the Council of this case, D was suspended from performing its duties as the representative director of the Council of this case on January 18, 2015, and was dismissed on June 29, 2015, and therefore, D is the defendant.