The defendant shall be innocent.

1. The Defendant is a person who runs a secondhand shop in the facts charged.

On February 5, 2015, at around 20:00, the victim E who has engaged in the business related to the successful bid in the ordinary auction at the French House located in the Spane House located in the Spanju on February 5, 2015, "F was 10 million won check".

However, this error erred by mistake that the above victim's right to KRW 5 million was realized, and the defendant, even after the receipt of the above amount, did not follow necessary procedures, such as returning it to the victim, and he embezzled the above victim's idea.

2. Determination

A. The premise of the facts charged in the instant case is that the victim E erred in a part of the KRW 16.1 million check, instead of Chapter 1, in the process of paying the Defendant’s share of KRW 5 million among the successful bid price for auction on the same day on February 5, 2015, the victim E paid KRW 16.1 million.

B. The following facts are acknowledged according to the evidence duly adopted and examined by this court.

1) From November 2014 to February 2015, the Defendant, E, and G (hereinafter collectively referred to as “Defendants, etc.”) participated in the auction procedure for corporeal movables over about 14 occasions, including the following auction (hereinafter “auction”), and sold the movables awarded a successful bid and distributed profits.

2) On February 4, 2015, the Defendant, etc. paid a successful bid price of KRW 39,050,000 (E-paid settlement amount of KRW 19,500,000), KRW 32,252,00 in around Papju, Yangju, Gwangju, etc. (E settlement amount of KRW 16,100,00) at around February 5, 2015, and KRW 31,80,00 in the amount of money (E settlement amount of KRW 10,660,00), together with the movable property of KRW 31,80,00 from Papju on February 11, 2015 (E settlement amount of KRW 10,60,000) as the Defendant’s funds, and received the payment by settling the amount calculated at the ratio of the contribution from E, etc. after the successful bid is completed.

was received.

3) On February 5, 2015, several proposals have been put to auction on the same day, and on that day, E requested H to withdraw KRW 30 million from its wife, and accordingly H to this.