The defendant shall be innocent.

Around January 2, 2013 to December 2, 2013, the summary of the facts charged, the Defendant proposed that “A victim C is satisfying in China, and the Republic of Korea also would be hypted, and as the Defendant has well kid, the rent and operating expenses would vary by 50%, and the profits would be divided by 50%.” The victim consented thereto and transferred the sum of KRW 139,80,000 to the Defendant, including KRW 5 million on April 8, 2013, as well as KRW 500,000,000,000 to November 201, 2013.

Accordingly, the defendant provided funds to the injured party, and entered into a partnership agreement with the defendant's wife to operate a mushroom farm and divide the profits therefrom.

In collusion with D, on April 15, 2015, the Defendant disposed of the said mushroom farm with KRW 134 million to E without the consent of the victim, on the ground that the occurrence of profits from the mushroom farm was low, and instead, without the consent of the victim, the Defendant arbitrarily used the said mushroom farm with daily living expenses and expenses for mushroom distribution business.

Accordingly, the defendant embezzled the victim's property in collusion with D.

Judgment

A defendant and his defense counsel did not conclude a partnership agreement, and even if a partnership relationship exists, the defendant and his defense counsel agreed with the victim to obtain prior consent of the victim before disposing of a mushroom farm and re-investment the disposal price in the mushroom distribution business, so embezzlement is not established.

The argument is asserted.

According to the evidence duly adopted and examined by this court, the defendant and the victim made a trade agreement with the content that the injured party will provide funds, the defendant will provide labor, and the defendant will operate a mushroom farm on April 2013. Accordingly, the defendant operates a mushroom farm from the Seo-gu, Goyang-si, Goyang-si.