The defendant shall be innocent.

1. On April 2015, the Defendant: (a) received a copy of KRW 5 million check from the victim C through E from the victim under the pretext of criminal agreement with the victim C at the jun branch of the agricultural cooperative or new bank located in Gangnam-gu Seoul, Seoul; and (b) embezzled the aforementioned money by using it without returning it to F at his/her own discretion, when D refused criminal agreement; and (c) subsequently, he/she embezzled it.

2. Determination

A. The burden of proof for the facts constituting an offense charged in a criminal trial is to be borne by a public prosecutor, and the conviction should be based on evidence with probative value sufficient to ensure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it shall be determined as the interests of the defendant (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.). (B) According to the evidence duly adopted and duly adopted by the court, D brought a criminal suit against C, etc. against the crime of fraud (damage amounting to KRW 14 million) around October 201 (hereinafter “the fraud case”), and C, as stated in the facts charged, requested the defendant to deliver DNA to the defendant for a criminal complaint of KRW 5 million and KRW 4 million, 500,000,000,000,000,000,000,000 won, 50,000,000.

This Court has duly adopted and investigated the above facts of recognition.