In particular, the Defendant, on April 9, 2009, received KRW 30 million from the victim E as the investment funds for the above business, received false payments from the victim E as the expenses for other business. In addition, the Defendant asserted that the Defendant used KRW 30 million with the expenses for resolving lien on April 7, 2009, KRW 9 million with the expenses for punishment on May 6, 2009, KRW 8250,000 with the office rent, etc. from April 1, 2009 to August 9, 2009, and KRW 33.9 million with the office rent, etc., but it is not true.

Nevertheless, the lower court found the Defendant not guilty on the ground that there is insufficient evidence to prove the facts charged of this case.

2. Around April 2009, the Defendant entered into a partnership agreement with the purport that “E and land shall be purchased from the Defendant’s real estate sales office located in Incheon Strengthening-gun to purchase and form and quality alteration and civil engineering works, and then the proceeds therefrom shall be divided into a house site for electric source. To this end, E shall bear funds, and the Defendant shall be in charge of labor, construction, and distribution.”

Around April 6, 2009, the Defendant received KRW 30,000,00 as the down payment for investment from E in the said real estate sales office as well as KRW 1,068,418,547 from the above date and time to February 23, 2010, while carrying out business for the victim, he/she voluntarily uses KRW 30,00,000 as shown in the attached list of crimes, and voluntarily uses KRW 136,104,167 as the Defendant’s private use.