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The defendant shall be innocent.
Reasons
1. On September 20, 2013, the Defendant, at the E hotel located in Jeju City D on September 20, 2013, embezzled the Defendant arbitrarily consumed and embezzled the said money to H, etc. on September 21, 2013, while receiving KRW 200 million from the Victim F to repay the Defendant’s debt to G.
2. The facts charged in the instant case are premised on the premise that F borrowed KRW 200 million from G. If F borrowed KRW 200 million from the Defendant, not G, the fact that F paid KRW 200 million to the Defendant would have been repaid to the obligee, and the Defendant, the obligee, who is the obligee, was paid KRW 200 million, is the Defendant’s possession of KRW 200 million, and thus, embezzlement cannot be established.
The defendant stated in the prosecutor's office and court that F borrowed 200 million won from G.
However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the F expressed the Defendant’s intent to borrow money, and the Defendant introduced G to F on September 19, 2013, divided the Defendant, F, and G’s talk about the borrowing of KRW 200 million from G from the Defendant, F, and G in Gangnam-gu, Seoul at the pressure-gu Seoul, A.M. on September 19, 2013. However, G demanded that “F borrow money by means of a loan certificate, and the F will not borrow money until it borrows money.
The fact that the F refused this is, in the investigative agency and the court, there was a document in which the F used a loan certificate with the previous lending of money from G, and that the F had an in-depth experience due to the fact that he had been able to do so due to the fact and the fact that he had been using a loan certificate at the time of the instant case, the F consistently stated to the effect that he did not have any idea to borrow money by using the loan certificate
② On September 19, 2013, G: (a) on September 19, 2013, at the front of the entrance of the apartment house in Black-dong, Dongjak-gu, Seoul, the Defendant living together with his female, with the amount of KRW 160 million to be used by F in the casino.