At around 206, the Defendant entered into a contract on behalf of the victim in order to sell the purchase price of KRW 452 million to the purchaser of the instant real estate at KRW 1,881 square meters (hereinafter “instant real estate”) of the instant forest, E, E, F, G, G, and H’s total area on behalf of the victim at the request of the victim C (hereinafter “instant real estate”).

On January 28, 2008, the Defendant received from I for the victim the payment of the balance of KRW 25.2 million (hereinafter “the balance of this case”) from I for the purchase and sale of the said contract, and without obtaining consent to use the balance for the victim, the Defendant arbitrarily consumed the said balance from KRW 2.5.2 million to the victim’s daily living expenses, etc., without obtaining consent to use the balance.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Police investigation report (to have I telephone conversations for reference);

1. Copy of mediation protocol;

1. Full certificate of the registered matters;

1. A copy of a real estate sales contract;

1. Determination as to each of the Defendant and his/her defense counsel’s arguments

1. The summary of the argument was delegated by the victim, and the defendant purchased the answer K (hereinafter “farmland”) and L (hereinafter “the farmland in this case”) on behalf of the victim, respectively, and at the time of common name, the defendant paid the purchase price of the farmland in advance with the sale price of the forest land in emulation City M (hereinafter “the forest in this case”) owned by the defendant. Thus, the above purchase price of the farmland in this case that the defendant pre-paid with his own money and the balance of this case were offset and settled, and the defendant cannot be deemed to have the criminal intent of embezzlement.

2. Determination

A. The following facts can be acknowledged according to the evidence mentioned earlier of the facts of recognition.

1. Around 2006, the Defendant was delegated by the victim with respect to the sale of the instant real estate and the purchase of the instant farmland and on behalf of the victim, on behalf of the purchaser of the instant real estate 405 million won in total.