Of the facts charged in the instant case, the charge of larceny is not guilty

[2013 Highest 1413] The Defendant, from August 12, 2009 to November 30, 2012, was engaged in the business of selling home appliances from home appliances to home appliances.

On January 6, 2011, the Defendant sold one LG CD AV to F, and collected KRW 1,070,000 from F, and used the money for the personal purpose of the Defendant’s company for the victim’s business.

In addition, the Defendant, from around that time to October 2012, embezzled total of KRW 35,505,80 by the same method as indicated in the annexed crime list through 47 times.

[2013 Highest 3455]

1. On September 24, 2012, the Defendant: (a) opened a new card owned by I, which was kept in the west of a temporary sales outlet located in the window C of Changwon-si; (b) opened by the victims of the victim’s name in G in Chungcheongnam-gun, Chungcheongnam-si around 18:03 on September 24, 2012, the Defendant presented to the victim as if the Defendant was a legitimate holder of the said card; and (c) received the service equivalent to the above amount from the victim by settling the amount of KRW 170,000.

2. In the above manner, the Defendant: (a) opened a new card owned by I with one set of card; (b) around 22:19 on October 12, 2012; and (c) opened by the winners of the names of the victims under the jurisdiction of Seongdong-gu, Sungwon-si; (c) presented to the victim as if the Defendant was a legitimate holder of the said new card; and (d) received the provision of drinking water, etc. from the victim by paying KRW 22,600.

3. On October 14, 2012, the Defendant settled KRW 30,000 of the food value with the said card, and received food from the victim, in a L cafeteria operated by the victims’ names in Sungwon-si J of Sungwon-si, Sungwon-si, Sungwon-si, by the said method, while the lawful holder of the I-owned card, which was set up by the said method, runs as if the Defendant was the Defendant.

4. On October 14, 2012, the Defendant: Changwon-si around 01:18.