The defendant shall dismiss the application filed by the applicant for compensation.

1. The Defendant’s charges are 10 million won, organized at the office of the Defendant on November 201, organized at the office of the Defendant in the name of his domicile without the due date.

It is the direction of the number system with 20 unit of the Gu.

On June 2, 2013, the Defendant received KRW 10 million from the fraternity members to the Defendant’s account. As such, the Defendant had a duty to pay KRW 1.3 million to the fraternity members C, including KRW 9 million and interest KRW 1.8 million, and KRW 5 million and KRW 1.3 million, which was designated to receive fraternity payments on the same day.

Nevertheless, the defendant, in violation of his duty, consumed the amount of money without paying it to the injured party for the purpose of infertility, acquired property benefits equivalent to 11.3 million won and sustained damages equivalent to the same amount to the injured party.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2009Do1151, Jul. 22, 2010, etc.). B. If the principle of prohibition of a successful bidder’s failure to pay for the "other person's business" under an agreement with the fraternity members falls under a "other person's business" as referred to in the crime of breach of trust, the essential contents of the relationship should come into protecting or managing another person's property based on a fiduciary relationship with the fraternity members beyond a mere obligation under a fiduciary relationship, and if the fraternity members collect the advance payment from the fraternity members, the advance payment shall carry the nature of the entrusted amount to the state for the purpose of prohibiting the successful bidder from paying the successful tender.