On August 1, 2013, the Defendant, as a person who engages in wholesale and retail business with the trade name of "D" in Jongno-gu Seoul Metropolitan Government, offered that, around 14:00 on August 1, 2013, the Defendant: “H operated by the injured party G in Seoul E market by the injured party G in 6038, “if the original team is placed in the J warehouse located in Jongno-gu Seoul Metropolitan Government I, the Defendant will make the injured party pay the entire amount of the original team without receiving any commission for sale,” and that the injured party, from August 12, 2013 to September 2, 2013, ordered the injured party to enter the original unit of KRW 143,673,510 in the J warehouse in total at the market price of KRW 143,839,310,00 in the aggregate of the market price of K, L, M and N, etc. at that time, sold KRW 143,810,00.

As above, the Defendant entrusted the sale of the raw body that was created by the victim and was in the position of keeping the price in the business for the victim.

Nevertheless, the Defendant paid KRW 21,80,000 to the victim and KRW 21,421,300 which was not paid due to the death of L, excluding KRW 43,221,30,00 which was paid to the victim, and KRW 55,085,310, out of the remainder of KRW 100,767,010, which was paid in cash, was used voluntarily for personal purposes around that time while the Defendant was in custody. The amount of KRW 19,00,000, which was paid to K and KRW 16,681,950, which was set off against obligations to M and KRW 9,684,950 against N, respectively.

Accordingly, the Defendant embezzled total of KRW 100,767,010 on business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Original items consigned;

1. Application of Acts and subordinate statutes to invoices and investigation reports (Submission of a transaction invoice);

1. A favorable condition for sentencing under Article 356 of the Criminal Act and Articles 355(1) of the Criminal Act for criminal facts: The victim has no record of criminal punishment since 1998; and the victim has been partially recovered by paying 33.7 million won by subrogation to the director who is the client of the victim for the victim.