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The defendant shall be innocent.
Reasons
1. The facts charged: (a) the victim C was under the supervision of the F Licensed Real Estate Agent Office from July 2009 to July 201, 201, and was under investigation due to the violation of the Rental Housing Act, the Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act; (b) the management of the office was delegated to the Dong G (Death in the United States on February 18, 201); and (c) the Defendant, upon request of G, was in charge of accounting at the said Licensed Real Estate Agent Office from October 201 to July 201 at the said Licensed Real Estate Agent Office.
Meanwhile, as the above G died in the U.S., there was a dispute arising from the division of property between the victim and H, who is his father, and on May 26, 201, the Defendant and the victim, H, and E arranged property at the presence of the victim, while the deposit of the above licensed real estate agent office is owned by the victim, but the management of the office is decided by the request of the victim until the settlement of the office.
【Criminal Facts of Crimes】 On July 25, 201, the Defendant, at the office of the said licensed real estate agent, settled the lessor and unpaid rent, etc. due to the expiration of the lease agreement, and subsequently, deposited KRW 140,551,280, and operating expenses of the office of the lessor 3,575,397.
On July 25, 2011, the Defendant issued 140,551,280,000 won of the remaining security deposit to the victim at the office of the above licensed real estate agent, and granted 3,575,397 won of office operating expenses to H arbitrarily.
Accordingly, the defendant embezzled the victim's property.
2. Determination
A. The facts of recognition 1) The victim married with G on December 30, 1991, but married with it on December 2, 2009 (Evidence No. 84 of the evidence record, G is a person who married with another male before marriage with the victim and has 1 South Korea, such as H and I, under the chain of her marriage with the victim, and the defendant came to know G while working as an employee at the ceremony operated by G around 1997.