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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On July 25, 2011, the Defendant received KRW 300 million from the victim F to the actual owner of the “Seoul-gun G” in cash, check, etc. from August 29, 201, and embezzled the said KRW 80 million out of the KRW 300 million for personal purposes, such as attorney’s fees, at the E-official brokerage office located in Seongbuk-gu, Seongbuk-gu, Chungcheongnam-si, Seoul, and at the same time, from the victim F to the actual owner of the “Seoul-si G”, the Defendant embezzled the said KRW 30 million for personal purposes.
2. In full view of all the evidence submitted by the Prosecutor, it is insufficient to recognize the fact that the Defendant received KRW 300 million from F from F and kept it in custody for F. Rather, in full view of the evidence and records of the instant case, including the Defendant’s investigation agency and legal statement, F’s statement to investigation agency and investigation agency, and the Defendant entered into a sales contract with F as a seller’s agent, and received KRW 300 million from H as delegated by H, and thus, the Defendant was paid KRW 300 million from H. Thus, F would have performed its duty to pay KRW 30 million to H within the extent of the normal payment.
3. In conclusion, the facts charged in this case premised on the fact that the defendant was in the custody status of KRW 300 million for F constitutes a case where there is no proof of a crime, and thus, the defendant pronounced innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence pursuant to Article 58(2) of the Criminal Act is publicly notified. It is so decided as per Disposition.