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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged is known to the Defendant, and the Defendant agreed to conduct franchise business, such as coffee shop, with D, knowing that C and C knew, and received investment KRW 45 million from D to the Defendant’s bank account (Account Number: E) and kept the victim on account of money transferred from D around April 16, 2015.
On the same day, the Defendant: (a) heard at G’s house located in Gangnam-gu Seoul Metropolitan Government F, G, H, and I, which were known to the general public, that “if money is added to the sports soil account, it may be left to several million won,” and embezzled the amount of KRW 42.3 million out of the amount of the victim’s investment in the said custody, the Defendant wired the amount of KRW 42.3 million to the account in the name of J and (ju) Drovas, designated by G, etc. and embezzled it.
2. The summary of the Defendant and the defense counsel’s assertion that the Defendant and K received KRW 45 million from D as operating funds for gambling site establishment or gambling funds, and this constitutes illegal consideration and thus does not constitute embezzlement even if the Defendant consumed it.
3. A witness D or L appeared as a witness in this court and stated that the amount of KRW 45 million was remitted to the funds for delivery coffee operation. D stated to the same effect as D was investigated by the Daejeon Pream Police Station on January 21, 2016.
However, on April 30, 2015, D filed a complaint with the Daejeon Police Station on the same day, and received the first investigation on the same day, and D stated that “C would want to operate the Internet Horse Center directly, and make an investment of KRW 50 million. A would be the same as the person A, but A would have to make an investment of KRW 5 million.” The Defendant sent KRW 45 million to the Defendant’s account designated by C. The Defendant also received the said KRW 45 million as a fund related to the Internet Morse on the same day.
And C also under the police investigation on May 4, 2015, D' collects money through the Internet illegal horse.