The defendant shall be innocent.

1. On November 18, 2008, the summary of the facts charged: (a) the Defendant, while making telephone conversations with the victim C, who is an offender, at a place where the location is unknown; (b) the Defendant recommended the victim to “if he purchases listed stocks of the previous mine company, he would be able to obtain profits later; and (c) he received KRW 10 million from the victim who consented to it to the national bank account in the name of the Defendant for the victim as the purchase price of stocks on the same day; and (d) from that time, he voluntarily consumed KRW 7 million out of the above amount as the Defendant’s living cost and debt repayment, etc. until the end of the same month.

Accordingly, the defendant embezzled the victim's property.

2. The money entrusted with the purpose and purpose of determination shall be deemed to be reserved by the truster until it is used for the prescribed purpose and purpose. However, in a case where the specific nature of the money is not specifically required, even if it is temporarily used by the trustee in a situation where it can be replaced by another money at the necessary time without going against the purpose of the entrustment, it cannot be deemed to constitute embezzlement. The trustee shall only use the money for another purpose in violation of the purport of the entrustment.

(See Supreme Court Decisions 94Do2076 delivered on October 12, 1995, 2002Do2939 delivered on October 11, 2002, etc.). Based on the above legal principle, the following circumstances acknowledged by the evidence duly examined by the court of this case are as follows: ① the victim, who purchased non-listed stocks through investment recommendation of the defendant and did not list the stocks purchased differently from the defendant's horses, caused considerable property damage to the defendant, thereby deceiving the victim to acquire money for the purpose of purchase of stocks, and filed a complaint against the defendant for fraud. At the time, the share certificates with 10,000 won per share were issued at the time, and the share certificates with 10,000 won per share were delivered to the defendant.