The defendant shall be innocent.

1. The summary of the facts charged is the defendant.

On April 2012, the Defendant promised to pay KRW 8 million from the victim D’s house to the owner of a building material rental business located in Seopopo-si, Seopo-si, Seopo-si, Hapopo-si, to receive construction materials equivalent to KRW 8 million at the victim’s market price and return them after using them at the site of E-si, where he is working.

Around that time, the Defendant avoided the contact with the victim for about four years even though he/she did not pay 3 million won in the rent balance as to the materials listed in the list of annexed crimes, even though he/she had used the building materials to the Corporation and returned some of them to the Corporation, or had already returned them.

It is not necessary to return the material because of its corrosion, or there is a voluntary disposal of the material because of its corrosion.

The return was embezzled by denying the return without good cause, such as assertion.

2. Each statement made by D as evidence that seems to correspond to the facts charged in the instant case, and the attempted status of the unit of building materials prepared by D, are present.

However, in full view of the following circumstances, the above evidence alone embezzled building materials owned by the Defendant as stated in the facts charged.

The recognition is insufficient, and there is no other evidence to prove it.

- The Defendant was accused of embezzlement around April 2016 from April 4, 2012, the first police investigation of D on May 2, 2016, the first police investigation of D was conducted on May 2, 2016.

- The D reversed its statements on the quantity of building materials leased from each police investigation, and the investigative agency did not conduct a sacrific investigation even though D had expressed her face to the Defendant.

- From March 18, 2017 during the trial of this case, D had been under treatment due to the decline in recognition function after brain wound between several months since March 18, 2017, and was present and testified as a witness in this court on January 12, 2018.

However, when the defendant lends building materials, he/she himself/herself.