On December 2014, the Defendant, who decided to purchase the above shares, has renounced the purchase and has returned KRW 19 million out of the down payment to the victim, and embezzled the said shares by arbitrarily consuming it for living expenses, etc. while being kept for the victim.

2. According to the records of this case, the following facts are recognized.

A. On November 2014, the Defendant asked C to lend KRW 25 million.

At the time, the Defendant suggested C that “The Defendant would purchase 2/7 of E’s equity interest in the area of 2,076 square meters prior to D in the city of Jeonju (hereinafter “instant equity”) and use the said interest as a down payment, immediately pay the remainder of the said equity with the purchase price not sold to others without being registered and received, and divide the remainder into C. A.

B. C delivered KRW 25 million to the Defendant in accordance with the above proposal.

At the time, C demanded the buyer of the sales contract to include himself, and the Defendant purchased the instant shares, and entered the purchaser as “Defendant and one other” in the sales contract.

However, a person who has decided to purchase the instant share did not reverse his intention of purchase and did not resell the instant share, and the Defendant was placed in the situation where he was subject to forfeiture of the down payment due to the failure to pay the balance on the agreed date.

C. The Defendant, under the foregoing circumstances, leads to the new contractor from F, who arranged the instant share sales contract, to the broker F.