The defendant shall be innocent.

1. Around March 2012, the Defendant: (a) around March 2012, operated the victim D and marina business establishments as a partnership; (b) received investment money equivalent to KRW 120,722,00 from the injured party; and (c) operated a marina business with the trade name “F” from May 2012, 201 to Simsan E and fourth floors.

Around February 26, 2016, the Defendant agreed to transfer the said marina business establishment to G without any change. Around January 7, 2016, the Defendant paid KRW 8,000,000 as the down payment around January 7, 2016, KRW 42,00,000 as the intermediate payment around January 8, 2016, and KRW 23,403,50 as the remainder payment around March 2, 2016, respectively, deposited KRW 23,403,50 as the account of the Defendant’s name of the Korea Bank. Around February 26, 2016, the Defendant received KRW 28,374,000 from the principal owner of the building in which the said marina business establishment was located, and received KRW 28,370,00 from the said G to the said individual account, and settled and settled the personal debt and debt, etc. for the purpose of paying back to the victim or the victim.

Accordingly, the Defendant embezzled the total amount of 82,405,380 won owned jointly with the victim.

2. Relevant legal principles and trade property belong to the partner's partnership, so if one of the partners arbitrarily consumes the proceeds acquired from the disposal of the company's property, the crime of embezzlement cannot be exempted. This legal principle also applies to the so-called internal partnership whose business relationship is not revealed externally.

However, if an anonymous association (Article 78 of the Commercial Act: an anonymous association is formed when one of the parties agrees to make an investment in the business of the other party and the other party agrees to distribute any profits accruing from such business), the money and other properties invested by the undisclosed association members for the business are property of the other party.