The defendant shall be innocent.

1. The summary of the facts charged was from April 2007 to the representative director of the victim D Co., Ltd., who was responsible for the custody and management of the above company’s funds.

Around August 10, 2007, the Defendant received KRW 100,000 from E to the Defendant’s account as investment money in relation to the redevelopment project for the Franchi, and was in custody for the victim company for the sake of its business. On August 14, 2007, the Defendant used KRW 88,030,000 for the victim company and embezzled the remainder of KRW 19,70,000 for the victim company by arbitrarily consuming around that time.

In addition, from around that time to September 30, 2008, the Defendant arbitrarily embezzled the sum of KRW 4,1970,000,000, which was kept for the victim eight times in total, as follows.

[Amount of 10,000 won paid from August 7, 2008 to December 31, 2007 to KRW 18,830,000,000 won paid from January 7, 2008 to February 26, 2008; KRW 69,000,000 won paid from March 21, 2008 to KRW 3.5 million on May 3, 2008; KRW 2.5 million on May 4, 2008 to KRW 4,50,000,000 paid from around KRW 50,000 to KRW 4,50,000 from May 21, 2008; and KRW 500,000,000 from KRW 5,500,000 to KRW 5,500,000 on May 3, 200.

2. Determination

A. The facts acknowledged are as follows: (a) the statement of the witness H and witness I on the 12th trial date; (b) the statement by the witness J on the 13th trial date; (c) the statement by the witness himself; (d) the statement by the defendant at the 13th trial date; (e) the statement by the head of the Tong (Evidence No. 2); (e) the statement by the victim company; and (e) the head of the Tong (Evidence No. 7); and (e) the defendant received KRW 250 million in total from E and G under the pretext of investment in the victim company, such as [crime List], and received KRW 213 million among them.