The defendant shall be innocent.

1. The summary of the facts charged is the person who works as a broker assistant at the F Licensed Real Estate Agent Office in Busan-gu E.

On May 3, 2013, the Defendant, at the above office, arranged a real estate sales contract between the victim and the joint purchaser I and J with respect to the land and ground buildings G in Busan-gu, Busan-gu.

Of the purchase price of KRW 230,000,000, the Defendant, the victims, and the joint buyers paid KRW 2,000,000 directly to the victim, and KRW 5,00,000,000 as to the above above ground building 101, the joint buyers paid KRW 200,000,000 to the victim later, first of all, the joint buyers paid out of the Defendant’s funds, and agreed to receive the balance from the joint buyers, and then receive the remainder on June 27, 2013. On the same day, the joint buyers received the ownership transfer registration procedure in the future, but the Defendant did not pay KRW 5,00,000 to the victim.

Around July 15, 2013, the Defendant received KRW 5,00,000, which is a part of the purchase price to be paid to the victim from the joint buyers at the above office, as above, and embezzled it by asserting that, while receiving a request for payment from the victim on behalf of the victim, the Defendant had already been paid on June 27, 2013.

2. According to the evidence adopted by the court and duly examined by this court, in order to resolve the difficulties in concluding a sales contract that occurred as a result of the failure of 202 units among the sale buildings, while mediating the instant real estate sales contract, the Defendant agreed to pay KRW 5,00,000 to G on June 27, 2013, which the joint purchaser should pay to G for the remainder payment date, and instead, if 202 units are leased, the joint purchaser would pay KRW 5,00,000 to the Defendant.

According to this, the defendant 5.5.