횡령
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is a licensed real estate agent. On April 17, 201, the Defendant’s brokerage concluded a sales contract with the victim of E-loan D located in Ulsan-gun, Ulsan-gun, with the victim and F. The victim received KRW 5 million as the down payment from F through the Defendant.
However, the above sales contract between the victim and F is terminated on July 201, 201, and the F requires the victim to return the down payment.
8.5. Around May, 200, the Defendant issued KRW 5 million to F to return the down payment.
However, on August 201, the Defendant voluntarily consumed KRW 5 million for personal purposes while keeping the victim, and embezzled it for personal purposes.
2. As to the above facts charged, the defendant concluded the above E-loan contract between D and F on his own brokerage, paid 5 million won of the down payment to D, and even if he acknowledged that D received 5 million won of the down payment from D, D did not deliver the above fact to F as the refund of the down payment to F, but it did not deliver the fact that D delivered 5 million won of the down payment to F, and it did not deliver the above 5 million won of the contract payment to F to the purport that D must resolve all of the intermediary commission to be paid to D and the issue of claiming the return of the down payment. Thus, according to the whole purport of D's statement at investigation agency and court (a multi-party statement is without consistency) and all the materials indicated in the trial and records of this case, it cannot be known that the above contract was cancelled after D's cancellation (which is the seller and the F. which is the buyer, is attributable to one of the parties, but at least the defendant's request for the return of the down payment from D, not the down payment.