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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is the person living together with C.
At around 10:30 on December 18, 2012, C living together with the Defendant: (a) was entrusted with the discount of the payment of the bill by the victim D, and (b) was delivered one promissory note with the face value of 35 million won. Around that time, C, a living together with the Defendant, entrusted the discount of the payment of the bill to E at the same location with the Defendant, and issued the bill.
On December 24, 2012, E returned the bill to the defendant living together with C as the bill was detained by C in the detention center because the discount of the bill was difficult.
As above, while the Defendant was aware of the fact that the bill was delivered before C and E under the entrustment of the payment of the bill, which was returned by E, and was kept for the victim D who entrusted the bill at discount, the Defendant was aware of the fact that the said bill was not owned by C, but should be returned as the ownership of the victim D, the Defendant was willing to use the said bill to prevent the victim from demanding the payment of the debt used by C during his/her living together with the victim, and was issued the said bill to the victim, who was the creditor of the Defendant,. On December 26, 2012, the Defendant refused the victim D’s demand for the return of the bill and delivered the said bill to the victim, who was the creditor of the Defendant.
Accordingly, the Defendant embezzled a bill of face value of KRW 35 million.
2. The following circumstances acknowledged by the record of judgment, i.e., ① issued the instant bill from the victim D around December 18, 2012, and C issued a written confirmation of payment that “I will recover the bill or confirm that I will refund the remainder of the bill to the victim on or before the payment date (as of February 28, 2013, the due date of the bill).” The Defendant issued a written confirmation of payment that “I will receive the instant bill from the victim D and pay the amount of KRW 12 million on December 20, 2012 and KRW 3 million on January 10, 2013.”