The defendant shall be innocent.

1. The summary of the facts charged is that on May 11, 2009, the Defendant agreed to sell and purchase the above land from the victim R on the date of the teahouse located in the Busan Mine-gu, Gwangju Metropolitan City, stating that “The land owner set up a good land in the Jeonsung-gun S., Jeonsung-gun. The land owner set up a good land in an urgent manner.” The Defendant agreed to sell and sell the land from the victim.

5. 25 million won in 12.12.

5. A person received 50 million won, including KRW 25 million, from 18.18.

The Defendant paid KRW 50 million to T on May 12, 2009, while he was kept for the same victim until the transfer of ownership, the Defendant paid KRW 25 million to T on May 12, 2009

5. On 19.19., 20 million won was paid to the O for debt repayment, and embezzled at will by using the above money.

2. The key issue of the instant case is that the Defendant arbitrarily consumed the money without delivering it to the seller while receiving R’s money from the buyer, and the said money is still owned by R.

This case is a case in which R has filed a complaint against the defendant, and an investigation and prosecution have been instituted.

The Defendant asserts to the effect that “the above money was legally reverted to U.S., and U.S. issued documents necessary for the registration of transfer of land ownership to a certified judicial scrivener office, but U did not complete the registration of transfer of ownership due to R’s circumstances, provisional attachment of land was completed first, and eventually R suffered loss.”

Therefore, the key issue of the instant case is whether the said money was owned by R under the law on May 12, 2009 and May 19, 2009, when the Defendant consumed the said money.

3. However, there is no obvious evidence to prove the facts charged in relation to the above issues.

Rather, the evidence duly adopted and examined by this Court, especially R, U,O, and J, and the following circumstances recognized by a real estate sales contract, a loan certificate, a letter, a written judgment, etc.