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The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. The summary of the facts charged is that, around December 13, 2011, the Defendant, along with the Victim C, D, and E, made an investment by the victim and D, in relation to the “business of the officetel in Vietnam” implemented by the E, the Defendant, the victim C, E, and D, subject to the holding of 25% of each of the above business shares, the victim and D, on December 20, 2011, agreed to make an investment by making a sum of USD 100,000 (hereinafter “US”) on December 20, 201, USD 150,000 on January 20, 201, and USD 30,000,000 each on February 20, 2012.
Pursuant to the above agreement, on December 20, 201, the Defendant received from the victim C the transfer of 117,100,000 won ($100,000) under the name of investment in the F account, a partner of the Defendant’s living together, and on March 2, 2012, the Defendant embezzled the amount of 22,60,000 won ($20,000) under the name of investment in the Defendant’s account for the victim C, using the Defendant and F’s business funds at his/her own discretion around that time.
2. Determination
A. In order to establish the crime of embezzlement, the defendant must have the intention of unlawful acquisition, and the intention of unlawful acquisition in the crime of embezzlement refers to the intention of disposing of the property without authority, as he owns the property for his own or a third party’s interest, without authority, against the purport of the entrustment. Thus, if the defendant, the trustee, used the money of another person in custody as a temporary use and as an intention to preserve it, and if it does not go against the purport of the entrustment, it shall not be deemed that he has the intention of unlawful acquisition.
B. The record reveals the following facts and circumstances.
① The victim, through the Defendant, intended to deliver the investment money under the instant trade agreement to E.
The method of delivery is to the extent that the defendant is paid the amount that the victim received when converting the investment into Korean won.