The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Facts charged;

A. On January 27, 2013, the primary charges charged by the Defendant embezzled KRW 28,148,074, total sum of KRW 28,078,074, from that time to May 23, 2013, when he/she voluntarily consumed and embezzled KRW 17,300 from G located in the Namyang-si, Namyang-si, by obtaining KRW 233,00,00 from the victim E as the construction price, while performing the construction of the kindergarten in the “D kindergarten” located in the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-si.

B. On January 27, 2013, the Defendant was issued a total of KRW 230 million from the victim by May 2013, 2013, on the following grounds: (a) on the ancillary charge: (b) on the ground that the Defendant had a large personal debt and intended to use the construction cost received from the victim for personal purposes, not as the head of the said kindergarten; and (c) on the other hand, he/she had no intent or ability to properly implement the construction work; and (d) on the other hand, he/she was issued KRW 230 million

Accordingly, the defendant, by deceiving the victim, acquired another person's property.

2. Determination

A. The judgment of embezzlement as to the primary facts charged is established when the person who keeps another's property uses the property voluntarily.

Therefore, it is examined whether the defendant was in the custody of the victim with respect to the money received from the victim.

On January 27, 2013, E was awarded a contract for KRW 297 million from H, and E re-subcontracts the remainder of the interior works with the exception of the electrical construction portion equivalent to KRW 50 million, which can be directly executed.

(Statement E in the interrogation protocol of the prosecution against the defendant). The above subcontract agreement, which was made orally, received KRW 247 million from the defendant and recognized the defendant as the money, and made the above interior construction work to be completed, and even if the expenses actually paid are not limited to the money, it is not limited to the money.