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The defendant shall be innocent.
Reasons
1. Determination on embezzlement
A. Summary of the facts charged 1) The Defendant, from around 2002 to early December 2, 2013, operated a real estate brokerage office in the name of the victim D and E real estate and F real estate as the same business with the victim D from around 2002 to the first police officer.
On June 2005, the Defendant, along with the victim, arranged a contract with H to purchase KRW 950 million for the purchase of KRW 2879 square meters of land I in Gangseo-gu Seoul Metropolitan Government (hereinafter “C”) from H in the said brokerage office.
However, after G paid down payment of KRW 50 million, as the sales contract was terminated, the Defendant and the victim agreed to acquire the status of G as the purchaser and lower the sales amount of KRW 900 million, and to purchase KRW 850 million, excluding KRW 50 million paid by G as the sales amount.
H paid KRW 250 million out of the purchase price to H three times from July 1, 2005 to December 1, 2005 of the same year under a trade contract with H. The remaining KRW 600 million agreed that H shall take over the obligations of the agricultural loans of KRW 600 million that it received as a security for the said land, and it has been liable for interest on the loan from December 1, 2005 to the revenue of the said brokerage office, etc.
However, as a result of the validity of a sales contract between H and the former owner of H, a lawsuit is pending and the registration of transfer of ownership was not completed under the name of the defendant, etc., the defendant and the injured person led the defendant and the injured person filed a lawsuit against H in the name of H, and H issued 150 million won to J and completed the registration of transfer of ownership to H.
On June 27, 2008, H and C agreed to transfer ownership to the defendant and one person designated by the defendant, since ownership was transferred in the name of H according to these mediation results.
In addition, on August 16, 2008, when the defendant and the victim obtained a transfer of the above C land from H, they shall be designated by 1/2 and the victim in the name of the defendant.