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The defendant shall be innocent.
Reasons
1. The facts charged in this case
A. Presumed facts: The victim, while independently operating the F Council members in Seo-gu, Daejeon, Seo-gu, Daejeon, agreed to conduct the business in partnership with the defendant. On August 1, 2006, the defendant paid 400 million won in premium to the victim, but the defendant distributed 60% in premium to the victim, 40% in premium, and 8 million won in monthly revenue when monthly profit occurs, the defendant and the victim bring about 10% in the remainder of the profit at the end of the year. The victim collected the remaining profit, and the defendant distributed 60% in proportion to 40% in the amount of profit, and the monthly rent of the hospital is 3 million won in the same day, and the contract for the lease of real estate was concluded with the defendant and the victim as a joint lessee.
However, since the Defendant did not prepare 400 million won premium to be paid to the victim, the validity of the Dong business contract is delayed, and around November 24, 2006, KRW 200 million was deposited into the personal account of the victim, KRW 100 million around July 31, 2007, and KRW 100 million around August 1, 2007, respectively, and agreed on the effect of the Dong business contract from around December 1, 2006 to the first payment date, and paid KRW 200 million deposited into the hospital account around August 1, 2007 as building rental deposit.
B. On June 14, 2009, the Defendant was in the account of the hospital on December 14, 2009, by asserting that “the complainant (Defendant) invested in this hospital” at the public service center of the Daejeon Police Station in Seo-gu, Daejeon, Seo-gu, Daejeon: (a) the Defendant asserted that he was paid for the premium; and (b) the Defendant was in the account of the hospital on December 14, 2009.
20 million won has been voluntarily withdrawn and embezzled, and 200 million won has been paid as rental deposit, and 200 million won has been calculated by calculating interest on 200 million won as 6% per annum from April 6, 2009.