횡령
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
1. The summary of the facts charged was around November 28, 2013, at the Defendant’s residence located in Busan Dong-gu, Busan, the Defendant received 10,000 won check from the victim D, a sum of KRW 10,000 won, and a sum of KRW 10,000,000 and KRW 7,000,000,000 won in the market value and kept for the victim.
On December 2, 2013, the defendant received a request from the victim for return of the check and the check from the victim at the above defendant's house, but rejected it.
Accordingly, the Defendant embezzled property equivalent to KRW 17 million in total at the market price owned by the victim.
2. The defendant asserts that he did not have the intention of embezzlement, and the statement made by the witness D in the court is sufficiently reliable, and according to this, the defendant's above assertion is persuasive.
It is insufficient to recognize the remainder of the evidence presented by the Prosecutor that the instant facts charged were proven beyond a reasonable doubt.
(3) The facts charged in the instant case cannot be readily concluded to have been used as the intent of embezzlement in light of the relationship with the victim and the nature of the stored money. Therefore, since evidence of the crime is insufficient, the facts charged in the instant case should be pronounced not guilty and the summary thereof should be announced publicly. It is so decided as per Disposition.