A. The point of embezzlement F and the Defendant are not included in a business transfer agreement entered into on August 1, 201 between the Defendant and F, with the exception of the straw and the tea.

On the other hand, the agreement between F and the victim to transfer all the houses of the instant teahouse to the victim was concluded on July 31, 2013 as of the date stated.

Therefore, since all the ownership of the said goods belongs to the victim according to the self-transfer agreement on July 31, 2013, and it is reasonable to deem that embezzlement is established by disposing of the said goods with the knowledge of the above transfer, the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. It was concluded that the Defendant and the injured party agreed to reduce the monthly rent of KRW 700,000 as indicated in the instant document to KRW 700,000,000,000.

In light of the fact that the victim of the above document cannot be seen as having consented to the preparation of the above document in light of the fact that the victim did not know his personal information, etc.

Although it cannot be seen otherwise, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. 1) The Defendant in this part of the facts charged is operating the traditional tea house with the trade name of “E” on the third floor of the 3rd floor of the Geum-gu Busan Metropolitan Government D building owned by the victim C.

F From F on July 1, 201, a person who was operating the said teahouse from August 1, 201 to July 31, 2013 with a previous teahouse.

On July 31, 2013, the Defendant: (a) at a teahouse in the above traditional teahouse on July 31, 2013, received the fact from F to transfer the facilities of the teahouse and the goods of the above traditional tea house to the victim; and (b) kept the houses of the above traditional teahouse on behalf of the victim; and (c) made the sublease of the above traditional tea house from F.