On July 21, 2015, the Defendant received delegation from the injured party D in Daegu-gun Co., Ltd of the business of keeping charcoal owned by the injured party in the warehouse from the injured party. However, in the event that the Defendant sells charcoal of the injured party, the Defendant agreed to pay the injured party the cost of the charcoal (the amount equivalent to the cost). Since then, the Defendant performed the business of keeping the victim’s charcoal in the warehouse.

The Defendant sold the amount equivalent to KRW 62,975,50, which was owned by the victim and kept in the above warehouse, from January 19, 2016 to March 18, 2016, and then embezzled the amount of the said charcoal in Daegu Heavy District without selling the said charcoal, as described in the following: (a) from around January 19, 2016 to around March 18, 2016, the Defendant sold 2 through 5,7 through 9, and 11 to 22; and (b) subsequently, the Defendant embezzled it on business by arbitrarily using the amount of the charcoal as daily living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. Statement made by the police against D;

1. Presentation of materials;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the submission of G data for witnesses);

1. Articles 356 and 355(1)(a) of the Criminal Act regarding criminal facts at issue of the relevant criminal facts [to be sentenced to imprisonment] of the same Act: (a) the Defendant verified the victim’s inventory of KRW 101,059,50 on January 4, 2016; (b) January 19, 2016; (c) the amount of money equivalent to KRW 2,000 (35,00,000) in Vietnam; and (d) February 12, 2016, the amount of money equivalent to KRW 1,988 gambling (34,790,000) in a warehouse; and (e) the victim sold directly to the victim at the time of identifying inventory on February 27, 2016; and (e) the amount of money equivalent to KRW 16,170,000,000, out of the total amount of money sold by the Defendant; and (e) the Defendant sold excluding the amount of money sold from the victim.