The defendant shall be innocent.

1. On April 2, 2013, at an attorney-at-law office located in the first floor of Kimpo-si, Kimpo-si, the Defendant: (a) invested KRW 80 million and KRW 40 million, respectively, in the E-sports shop business; and (b) failed to recover the investment claims due to business difficulties; (c) the Defendant and the victim received KRW 75 million from E in return for the waiver of the investment claims against E; (d) the Defendant and the victim agreed to pay KRW 25 million among them to the victims; and (e) while receiving KRW 75 million in total from E and keeping KRW 25 million in custody for the victim, the Defendant and the victim returned only the remaining KRW 18 million for their personal use.

2. Determination

A. The crime of embezzlement is a crime punishing a person who keeps another's property to embezzled such property. Thus, in order to be established, the property subject to embezzlement is required to be owned by another person, and the person delegated with the handling of administrative affairs involving receipt of money from a third party on behalf of the delegating person due to the act should be deemed to belong to the delegating person's possession at the same time as that of the entrusted money, unless there are special circumstances, such as the entrusted money, and the delegated person shall be deemed to have the relation of custody for the delegating person.

However, the issue of whether the money received for the delegating is determined by the nature of the legal relationship that caused the receipt, and the intention of the parties. If there are circumstances where it is difficult to readily determine the amount to be returned to the delegating, such as the existence of separate bonds and debts between the parties and the settlement procedures for the money received, etc., the ownership of the money received shall be reverted to the delegating immediately.