The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, at around 15:00 on February 15, 2012, at the office of the management of D(58 years of age) management in Suwon-si, Suwon-si, C, and D(58 years of age) management, the Defendant is undergoing the process to obtain a patent from the Gyeonggi Credit Guarantee Foundation as a security. The Defendant may obtain a loan guarantee of KRW 3 billion when acquiring a company and paying KRW 45 billion to the Gyeonggi Credit Guarantee Foundation’s existing debt amounting to KRW 45 billion. In this context, the Defendant first paid KRW 45 million in lieu of repayment.

However, the fact that the KCAF had already applied for a bank loan, but did not have to receive a loan of 3 billion won with the factory construction fund and the machinery equipment fund, and even if the KCAF paid the loan of 45 billion won by subrogation, it did not have an intention or ability to obtain a loan of 3 billion won from the KCAF by receiving a loan guarantee of 3 billion won from the KCAF.

Around February 23, 2012, the Defendant enticed D as above, and received KRW 45 million from G to the Agricultural Cooperative Account in the name of G (H) managed by the Defendant.

2. Comprehensively taking account of the evidence adopted and examined by this court, it is recognized that the defendant, on February 15, 2012, transferred the shares of KRW 7500,000 to the Dispute Resolution Co., Ltd. E in the amount of KRW 350,000,000 (hereinafter “instant share transfer contract”) to the Bank of Bankruptcy Co., Ltd., and the F in the Bank of Korea may issue a loan guarantee of KRW 3 billion from the Gyeonggi Credit Guarantee Foundation.

However, the following circumstances, which are acknowledged by integrating the above evidence, that is, D, the actual owner of the LOE, which entered into the stock transfer agreement with the defendant, stated in the investigative agency and this court that "E is a construction company, and it will take over the decision that it would be possible to use the product produced by the FOE, a like company," and D shall take two to three times before entering into the stock transfer agreement.