On January 27, 2016, the Defendant embezzled the sum of KRW 2,00,000,000,000 received from F as the down payment to hold the said apartment site in front of the station population C, and KRW 1,50,000,000,000,000 received from F at the entrance of the “H letterna” located in the wife population G at Chicago-si on February 26, 2016, for the victim I, without delivering it to the management office while being kept for the victim of the said apartment management office.

2. The Defendant and his defense counsel’s assertion F is the money kept for the head of the apartment management office I because the Defendant and his defense counsel delivered KRW 3.5 million to the Defendant in the name of rebates in order to obtain the benefit of holding the camping market in the instant apartment complex in charge of holding the camping market.

3. Determination

A. According to the evidence duly adopted and examined by this court, the Defendant received a proposal from F, the team leader of J on November 2015 to want to hold a camping market in the apartment complex of this case on two occasions in spring and B, 2016, and determined the sum of F to be paid by F as KRW 6 million between F and F. The fact that F paid KRW 2 million on January 27, 2016 and February 15, 2016 to each Defendant in cash on March 3, 2016 is recognized as the sum of F’s money in cash between F and F, and the Director of the apartment management office of this case on March 3, 2016, following the payment to each Defendant in cash.

B. However, in full view of all the following circumstances revealed by the evidence and records submitted, the amount of the instant money was paid to the Defendant as the price for concluding a negotiated contract.