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The defendant is not guilty. The defendant is not guilty. The summary of the above judgment shall be published.
Reasons
On July 2013, the Defendant received a total of KRW 30 million on two occasions, including KRW 16,00,000,000 from the victim F to the Agricultural Cooperative Account in the name of the Defendant, and KRW 30,000,000,000,000 from July 22, 2013 to the Ecafeteria located in YY-gu, Y-si, Y-si, and KRW 20,000,000,000 for the victim.
From July 16, 2013 to October 24, 2013, the Defendant embezzled KRW 30 million, which had been kept in custody as the opening expense of E-cafeteria 2, as the operating expense of the E-cafeteria 1.
Judgment
1. The gist of the Defendant’s assertion is that KRW 30 million received from the Victim F (hereinafter “F”) is not paid for the opening expenses of the E-cafeteria 2, as indicated in the facts charged, but for E-cafeteria 1 (the head office; hereinafter “head office”) including E-cafeteria 1, the management right, ownership, and management right of the E-cafeteria H (hereinafter “H”)
(2) The Defendant, G, and F enter into an agreement on the establishment of a restaurant and H in a criminal trial as to whether he/she has received KRW 30 million under the pretext of opening a restaurant 2. The burden of proving the facts charged in a criminal trial as to whether he/she has received KRW 30 million under the pretext of opening a restaurant 2, must be based on the evidence of probative value sufficient for a judge to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the Defendant’s guilt, it shall be determined as the Defendant’s interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). According to the evidence submitted by the prosecutor, such as F, G’s investigation agency, and statement in the court, etc., the Defendant, G, and F, the Defendant agreed to open a restaurant 2 restaurant from the F, around the time when he/she opened the restaurant.