The defendant shall be innocent.

1. In the facts charged, the Defendant entered into a real estate lease agreement with the land owner D and the contract period of March 31, 2014 to pay a fixed amount of KRW 50,000,000,000 to the real estate lease agreement with the land owner as to the land site C in Gyeonggi-do around March 2014, when he/she was found that the Defendant would want to operate the camping site with the funds possessed by the victim during his/her personal relationship with the victim B, and he/she wishes to pay a monthly amount of money of KRW 50,00,000.

4. Around 30.30. The victim paid 50,000,000 won as security deposit to D.

After that, the Defendant and the victim were dissatisfied with the operation of camping zones, management issues, etc., and on October 20, 2014, the victim did not actually operate the camping zone after leaving the camping zone.

On March 31, 2016, the Defendant arbitrarily consumed KRW 30,136,700,000 as the remaining security deposit after using a camping site only until D and D, and deducting unpaid monthly taxes, and then embezzled KRW 33,00,000,000 as the remaining security deposit on February 12, 2016, and KRW 23,00,000,000 on March 31, 2016 without notifying the victim of the fact that the deposit was returned, while the Defendant received the refund of KRW 33,00,00,000 from the victim’s money, living expenses, etc.

2. Determination

A. Where two or more legal principles form an organization to conduct a joint business, such organization constitutes a partnership under the Civil Act (Article 703(1) of the Civil Act), and where one member expresses his/her intention to withdraw in a partnership relationship with two or more persons, the partnership relationship is terminated by its nature, but it is not dissolved, barring any special circumstance, and thus, the partnership's property which belongs to a partnership's joint ownership does not belong to the partnership's separate ownership of the remaining union members, and only the calculation of the refund, etc. of the investment amount due to the withdrawal remains between the withdrawing party and the withdrawing party. Therefore, in a partnership relationship with two persons, one person terminates the partnership agreement with a complaint against the business conditions and withdraws from the partnership, the remaining union property of the union member if he/she withdraws.