The application for the instant compensation order shall be dismissed.

On June 2016, the Defendant entered into a partnership contract with the victim C and Gangseo-gu Busan Metropolitan Government D with the content that the Defendant would operate the marina business of "E" together with the victim C, and that the Defendant would use a total of KRW 250 million for the opening of marina business and operating funds by investing each of KRW 125 million in the amount of KRW 100 million.

The defendant tried to contribute 125 million won in accordance with the above business agreement, but due to the shortage of funds, the defendant borrowed 125 million won from the mother of the victim's mother and decided to contribute to the same year from June 20, 2016. < Amended by Presidential Decree No. 27279, Jun. 20, 2016>

8. Until May 8, 2008, a total of KRW 250 million, including the Defendant’s partner, was remitted from the victimized person to the Defendant’s bank account in the name of the Defendant.

While the Defendant kept the transferred partner’s money as above for the victim, on July 30, 2016, the Defendant used 20 million won out of the said money to F, who is the mother of the Defendant, as a money, etc., and used it from that time until February 7, 2017, for the purpose of living expenses and personal business funds, etc., the Defendant arbitrarily used the amount of 53,530,166 won in total over 166 times, as shown in the list of crimes in the attached Table, from that time until February 7, 2017.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. A protocol concerning the examination of each police officer in relation to G;

1. Agreement on the same business, details of account transactions, application of photographic Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (comprehensive imprisonment with labor);

1. Articles 32(1) and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, Etc. of Application for Compensation Order, comprehensively takes account of the wide range of offenses, the victim’s wish to punish, etc., and orders are issued within the scope of the basic scope of embezzlement of less than KRW 100 million, taking into account the following circumstances: (a) the fact that there is no same electric power, the background of crimes, the degree of reflectivity, and efforts