The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is the Director-General of the Victim Company B (hereinafter “victim Company”) from June 17, 2010 to December 1, 2012, who entered into an entrustment contract with the Victim Company and received orders from childcare centers, kindergartens, etc. from the victim company and received teaching materials from the infant institutions, etc., and then delivered them to the infant institutions, and received fees based on the results.

From September 2012 to November 201 of the same year, the Defendant embezzled an amount of KRW 4,480,560,000, which is equivalent to KRW 4,166,40,000, which is the market price of “D” childcare center’s order number at the office of the Defendant located in the 8th floor of the Dong-gu Busan Metropolitan City building, for the sake of the victim company, as well as obtaining profits equivalent to KRW 4,16,40, which is obtained by arbitrarily disposing of the materials and teaching materials from 9% of the fees.

2. Determination

A. Embezzlement is a crime that punishs a person who keeps another’s property to embezzled such property, and thus, in order to constitute embezzlement, the property subject to embezzlement is required to be owned by another person.

The money that a person to whom the administration of affairs involving the number of money prior to the deposit received from a third person on behalf of the delegating person based on such act belongs to the delegating person's possession at the same time as the money was received only for the purpose or use, barring any special circumstance otherwise, and the delegating person has the relationship of keeping the money in custody for the delegating person.

It should be viewed.

The issue of whether the gold received here is received for the delegating person under the delegation of administrative affairs is the cause of receipt.