The defendant shall be innocent.

Around July 29, 2014, the defendant entered into a partnership agreement with the victim B and the medical corporation located in Yeonsu-gu Incheon Metropolitan City C to take over and operate the first floor funeral hall underground of D Hospital and the same year.

8. The first police officer entered into a lease agreement with the above hospital.

The Defendant, under the pretext of introducing those who arranged the above lease agreement, deposited KRW 10 million from the victim on August 6, 2014, KRW 40 million on August 7, 2014, KRW 50 million on August 11, 2014, and KRW 700,000 on August 6, 2014, he/she withdrawn KRW 70,000 on August 6, 2014 and consumed it for personal purposes, such as living expenses.

In addition, the Defendant arbitrarily consumed 62,98,062 won in total over 161 times from around that time to October 25, 2014.

Accordingly, the defendant embezzled the victim's property.

However, to be found guilty of the charge of embezzlement of this case against the Defendant, it shall be proved that B provided only the purpose of embezzlement of KRW 100,000 as stated in the facts charged to the Defendant, and that the Defendant arbitrarily used KRW 62,998,062 out of the said money for other purpose than the introduction cost.

However, in light of the following facts and circumstances acknowledged by the evidence, it is difficult to view that the statement of B was used exclusively for the introduction fee and the delivery of 100 million won to the extent beyond reasonable doubt, and without need to further examine the remaining points, the facts charged of this case is insufficient.

(1) B and the defendant shall invest KRW 500 million each on July 29, 2014.