The defendant shall be innocent.

1. The summary of the facts charged in the instant case is that the Defendant, as a member of the “B”-friendly group, who is a meeting to gather persons who are engaged in construction work from January 2013 and assist each other, managed membership fees from the members to walk.

While the Defendant kept membership fees of KRW 6,139,319 for the victim B, he/she used the above membership fees for the purchase cost of materials by the Defendant in a non-fluence place on July 2015.

Accordingly, the defendant embezzled the victim's property.

2. In light of the above legal principles, the term "the intention of illegal acquisition" refers to the intention to dispose of another's property in his/her custody in violation of his/her duties for the purpose of pursuing his/her own interest or a third party's interest, as in fact or by law. The fact that there was embezzlement as an act of realizing an intent to acquire unlawful acquisition should be proved by strict evidence with probative value, which makes it difficult for a prosecutor to have a judge feel a reasonable doubt. If there is no such evidence, even if there is suspicion of guilt against the defendant, the defendant's interest should be judged (see, e.g., Supreme Court Decision 2007Do5433, Dec. 27, 2007). In light of the above legal principles, the defendant is bound to use the above case as a health unit and records, i.e., the defendant's "the use of this case for an individual purpose" in this court or the former B Chairperson, thereby obtaining the defendant's prior permission to use the membership fee in this court.

Then, when a member meeting was held on July 2015, the general secretary changed from the defendant to E, but the defendant used money to lend money to the members at the time and returned money to the end of each year.

The understanding was sought, and members also.