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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant served as the head of the management office at the D gas station in the operation of the Victim C (hereinafter “Appellant”) located in B at the time of macroscoping, and was engaged in the management of sales and the overall management of gas stations.
Around June 8, 2012, the Defendant embezzled the total sum of KRW 173,152,206 of the oil sales amount, as shown in attached Table 1 and Table 2 from the date of the crime to January 2015, as well as arbitrarily consumed the amount of KRW 26 million owned by the complainant.
2. Determination as to part 1 of the list of crimes
A. Facts of recognition 1) The Defendant is the E’s former wife of the complainant (the complainant and E have divorced around August 2012). The Defendant managed and supervised the overall business of the D gas station, and the Defendant prepared a management, storage, deposit, monthly sales sum sheet, shift report, etc.
In particular, the Defendant deposited the cash sales on the day each day with the FF association account (G and FF union H account) of the complainant.
2) D gas stations used a computer sales program “St” as a main recreation system. Gas stations stored gas station content, date, time and amount of gas stations, and means of payment, and in particular, monthly closing report is divided into the volume, amount, means of payment, and amount of oil sold every month, and customer credit card transaction details are confirmed.
3) On April 2015, the complainant prepared a monthly sales sum sheet (Evidence 10) using X-cella taking into account the data on daily sales confirmed by the computer in the gas station, the detailed statement of account transactions in the name of the complainant who was deposited by the Defendant in cash sales, credit card deposit data received from the card company, merchandise coupon deposit data, I deposit data, data on credit account sales from credit transaction customers, etc., and the sales amount and monthly shortage amount are as follows:
Amount of shortage in sales, except for storage of sales amount.