beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, in D, was a person who, by placing the flowers of seafarers in his/her own vehicle, worked to put the fireworks up to the Incheon Joint Wholesale Market.
On May 4, 2012, the Defendant, at the Jung-gu Incheon Metropolitan City, disposed of approximately 14 Kg (228,200 won at the market) of the above 56 Kg of the 56 Kg of the 56 Kg of the above 56 Kg of the 56 Kg of the above 16 Kg without the consent of the victim and embezzled it during the period from around 16 to December 10, 2014, as described in the list of crimes in the attached list, by arbitrarily disposing of 186 Kg ( approximately 3,520,80 won at the market price) over 16 times as shown in the list of crimes.
2. The defendant and his defense counsel asserts that the victim's flock and the amount of the victim's fireworks sold in the C joint market are different, but these differences are resolved later and all actually settled, so the defendant did not constitute embezzlement.
Considering the following facts and circumstances acknowledged by the evidence adopted and examined by this court, it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant embezzled the victim’s fireworks to the extent that there is no reasonable doubt.
The Defendant received a fireworks from the victim and delivered them to C, and delivered a invoice stating the fireworks volume (hereinafter referred to as “instant invoice”) to the victim.
C directly transferred the flowers sales on the day to the account of the victim, and entered the quantity and price of the sold fishery products in the fishery products trading record book (hereinafter referred to as “the fishery products trading record book of this case”).
The Defendant received the fishery products trading record of the instant case and again delivered it to the victim, and the amount that the Defendant appears to have stated is additionally stated.
B. The instant invoice and the instant case.