The defendant shall be innocent.

1. The Defendant is a person who entered into a contract with the E Representative F and the Gangseo-gu Busan Metropolitan Government Construction Project Co., Ltd. on behalf of the representative D of the victim M&C.

On April 14, 2011, the Defendant received money from F from F to Busan Bank Account in the name of H in the name of the Defendant’s father from F to the above construction cost and received money of KRW 40 million.

Although the Defendant kept the above money in custody for the victim, but should pay it as the construction cost of the E factory, he embezzled personal loans borrowed from I before the same day for the purpose of full payment.

2. The Defendant and his defense counsel asserted that the construction contract was concluded with FF by lending the name of C, and the Corporation directly proceeded with the Defendant, who is not C.

The construction cost received from F was not the money of C Co., Ltd., but the Defendant was not in the position of keeping the money for F.

3. Determination

A. The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

1) The representative EF introduced the Defendant’s factory construction through the J of the I president to commission the Defendant to KRW 33,960,000 for the construction cost of the new factory construction.

2) The Defendant decided to loan the trade name of the Company C (hereinafter “C”) by closing his business due to his default, and the Party C paid 3% of the construction cost to C, but the other profits of the Corporation were all brought about by the Defendant.

3) Accordingly, the Defendant concluded a construction contract under the name of F and C (hereinafter “instant construction contract”).

F has deposited most of the construction cost into C’s account, and 40 million won among them has been remitted to H account at the request of the defendant.

4) The Defendant continued the instant construction, and requested a person in charge of C accounting to contact with the person in charge of C accounting and execute the funds, if necessary, and accordingly.