On October 30, 2007, the Defendant entered into a partnership agreement with the victim C to the effect that “The victim purchases 215.2 square meters of the site D located in Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, the 300 million won,” and that “The Defendant, as E and F, newly constructed and sold a multi-household building on the above ground after investing construction expenses, etc., such as E and E and F, sold the multi-household building on the above ground, 30 million won of the investment principal to the victim on October 31, 2008, and 50:50 square meters of the profits.”

On November 26, 2007, the victim purchased the above site in accordance with the above agreement and offered it to the defendant. The defendant completed a multi-household house with a total floor area of 378.18 square meters on the above site around May 19, 2008, and around that time, he was in custody for the settlement of a partnership contract with an amount of money equivalent to 92 million won as investment and earnings from the above house after completing the sale of the above house. On October 31, 2008, the victim paid 50 million won to the victim for the settlement of the partnership contract and embezzled the remaining investment amount of 290 million won [30 million won (5 million won-9 and 2 million won x 1/2] as profits.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each protocol of suspect interrogation of the accused by the prosecution (including each part of the statements ofG, C, E, and F);

1. Each police statement concerning C, H, I, and G;

1. Application of Acts and subordinate statutes on filing of a complaint, loan certificate, notarial deed, promissory note, note-notarial deed, each certified copy of the register, C’s account transaction statement, settlement statement, business contract, and details of passbook transaction;

1. The sentence of punishment is imposed in consideration of the following: (a) the relevant criminal facts: Article 355(1) of the Criminal Act; (b) the injury to the grounds for the sentencing of the sentence of imprisonment without prison labor is not recovered or agreed; and (c) considerable damage to the victim; and (d) the punishment is imposed in accordance with various circumstances, including the motive and circumstances leading up to the instant crime; (c) the circumstances before and after the instant