On March 5, 2009, the Defendant entered into a contract with the victimized Company E (the trade name was G Co., Ltd. at the time, and the victimized Company (hereinafter “victim”) to sell exchange tickets on behalf of the victimized Company using the KIKO equipment to exchange with the gift certificates of the victimized Company.

According to the above contract, the Defendant installed 195 key equipment in the national store of the victimized company, and decided to deposit the amount calculated by subtracting 5% of the fee and the value added tax on the fee from the sales proceeds of merchandise coupon exchange tickets sold through the said key equipment with the victimized company by the 25th of the following month.

The defendant from April 2, 2012 to the same year.

5. Until December 27, 200, 5,178,49,493,215 won, excluding 273,94,350, value-added tax, etc. (value-added tax 27,399,435 won), was granted to the injured company, as the injured company sold the gift certificates exchange right equivalent to 5,47,00 won in 5,47,00,00 won in 5,393,785 won in total, including 273,94,350, value-added tax, and value-added tax on the above fee.

Nevertheless, the Defendant, on May 14, 2012, embezzled the amount of KRW 1,080,000,000,000 in total, including KRW 50,000,000 on May 14, 2012, KRW 50,000 on May 28, 2012, and KRW 4,098,493,215 on June 5, 201, while settling accounts with the damaged company for the remainder of the amount of KRW 4,098,493,215 on the part of the victimized company, around May 6, 2012.

2. It is difficult to view that a consignment contract is concluded between the Defendant and the defense counsel’s assertion (hereinafter “Defendant Company”) and the victimized Company, and the Defendant Company issued a “right to exchange a gift certificate” through the KIKO equipment and received in return is the property owned by the Defendant Company.