The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the Defendant, as well as the victim C, who is a partner, agreed to conduct apartment interior works together with the Defendant, and concluded a contract with F for interior works among the parties in the partnership with F. As such, not only the profits arising out of the partnership but also the losses arising out of the partnership should be fairly shared in accordance with the partnership contract.

However, the defendant's damage caused by the partnership business between the defendant and the victim is more than 2 million won, but the victim's damage is more than 27 million won, but the defendant did not notify the victim to the partner in order to compensate only the defendant's damage without the settlement procedure of profit-and-loss distribution with the victim, and did not receive the balance from the defendant's account and embezzled it by refusing to return it.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding the facts and misunderstanding the legal principles as to the ownership of the business property.

2. Before the judgment on the grounds of appeal by the ex officio, the prosecutor examined the facts charged in the instant case ex officio, and at the trial, the prosecutor tried to manage the case by being transferred to the passbook in the name of the company called “D” where the victim worked as the head of the headquarters.

On November 25, 201, the Defendant entered into a contract with the Suwon-si E Apartment 3007 and 2702 for an apartment complex construction contract with the payment of the construction cost of KRW 34 million. On November 29, 2011, the Defendant transferred KRW 10 million after intermediate payment of KRW 14 million on December 8, 201 to the national bank account in the name of the said “D,” but in relation to the remainder, the Defendant transferred KRW 5 million on January 4, 2012 and KRW 3 million on February 2, 2012, and KRW 959 million on March 12, 201 to the Defendant’s account in the name of the victim, and transferred the remainder to the Agricultural Cooperative’s direct account.