The defendant shall be innocent.

1. The summary of the facts charged is the representative director of E Co., Ltd.

On April 17, 2015, the Defendant entered into a joint agreement with the victim (main director G) to newly build multi-family housing (hereinafter “instant joint agreement”) on the size of 31,534 square meters outside Gwangju Northern-gu H, Gwangju, and then received around April 15, 2015, a transfer of KRW 250,000,000 to the Gwangju bank account (I) in the name of the Defendant, as the down payment among the services related to the purchase of the pertinent project site amounting to KRW 3 billion, around April 15, 2015.

As above, while the Defendant kept KRW 250 million for business purposes as expenses for the purchase of the pertinent business site, he/she arbitrarily used KRW 142,30,000 in total for 16 times from that time to April 20, 2015, including remitting KRW 50,000 to the account (J) of the Gwangju Bank in the name of the Defendant around April 15, 2015, for personal debt repayment, etc.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge sure 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 (see Supreme Court Decision 2009Do1151, Jul. 22, 2010). B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the public prosecutor alone, which is provided by the defendant from F (hereinafter “F”), is sufficient to determine whether the defendant was entrusted with money by determining the purpose and purpose of use, or there is a fiduciary relationship with the above money.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

1) G, the representative director of F, G, this.