In relation to the E-Creation construction, F entrusted with the right of release of earth and stones at the construction site, concluded a contract with the victim G and the earth and stones work right with F to receive money from the damaged party as the down payment, and to deliver the money to F.

On January 29, 2014, the Defendant received KRW 10 million from the victim’s wife’s account through the Defendant’s Nonghyup Bank account (H) and embezzled KRW 80 million from the Defendant’s above account through the J’s account, which was to receive a subcontract for earth and stones work from the victim on February 18, 2014, and received KRW 80 million in total from the Defendant’s above account for the victim. At that time, the Defendant used the Defendant’s debt repayment and other personal purposes.

2. The principal agent of embezzlement as prescribed by Article 355(1) of the Criminal Act refers to the person who keeps another’s property. Here, the custody refers to the possession of property under a consignment relationship.

Therefore, in order to establish embezzlement, there is a consignment relationship between the custodian of property and the owner of property (or the owner of other rights).

Since the prosecutor specifies the victim as "G" in the facts charged in this case, the crime according to the facts charged is established, there must be a consignment relationship between the defendant and G in order to establish such a crime.

Therefore, we examine whether there is a consignment relationship based on which embezzlement is established between the Defendant and G (the contents of the consignment relationship in the instant indictment by the prosecutor are “a delivery of the money that the Defendant received from G to F”).

First of all, G appeared as a witness in this court and stated to the effect that “the money stated in the facts charged in this case is the money it lent to the defendant,” and stated to the same effect at the investigation stage.