On the other hand, on February 28, 2014, the Defendant entered into a contract with F to transfer “E” KRW 90 million, which is the above business property, to F, and received KRW 2 million on the same day, and received KRW 8 million in intermediate payment around March 10, 2014, and received KRW 80 million in advance around March 20, 2014, and received KRW 5 million in advance from G, the owner of the building, and at the same time, received KRW 95 million in advance, and stored for the victim.

Nevertheless, the Defendant did not distribute the premium to the victim, which he notified or received as above, to the victim, and consumed voluntarily from March 21, 2014 to April 7, 2014, the obligation of the Defendant himself and his family members, the opening cost of coffee stores, and the living cost of the Defendant’s individual.

Accordingly, the Defendant embezzled the sum of the premium and rent deposit, which is a combination of relics with the victim, KRW 95 million.

2. Determination:

A. The key issue is whether the Defendant and the victim operated his/her business as a partnership, whether the Defendant independently, and whether the victim operated his/her business.

B. As evidence corresponding to the facts charged in the instant case, the victim C’s court and the police and the prosecutor’s office make a statement.

C The Defendant and the victim made a statement to the effect that the Defendant and the victim jointly contributed the “E” amounting to KRW 17 million remaining after treating H’s transfer price of KRW 50 million as expenses, etc.

The following circumstances are recognized in accordance with the evidence duly examined and adopted by this Court:

(1) In connection with H’s settlement of accounts of KRW 50 million, whether the Defendant and the victim have been actually settled.