The defendant shall be innocent.

1. The Defendant is a person who operates a door-to-door branch office in Bupyeong-gu Incheon Metropolitan City.

On April 15, 2010, the Defendant: (a) transported the door-to-door volume entrusted by the victim’s off-line presses; and (b) deposited the transport fee in full to the victim company each day; and (c) entered into a contract on door-to-door consignment to receive the payment once a month in the following month; and (d) performed the entrusted transport business from that time until December 31, 2012.

During the period from September 2012 to December 2012, the Defendant embezzled KRW 48,389,300, a sum of the transport charges to be paid to the victim company pursuant to the above consignment agreement as mentioned above, while he/she did not deposit the victim company with the victim company, and he/she was in the custody of the victim company, and he/she consumed it as the operating expenses of the said door-to-door sales office, etc. around that time.

2. In light of the following circumstances revealed through the records of determination (the motive and background of the instant consignment contract, the terms of the contract, the actual owner of the goods collected at the instant door-to-door distribution business establishment, the method of paying the cost of door-to-door transportation, and the actual owner of the goods collected at the instant door-to-door distribution business establishment), the Defendant and the victim company entered into a contract of the said consignment contract formally. In fact, the Defendant and the victim company entered into a contract of the said consignment contract with the content that the Defendant exclusively takes exclusive charge of the delivery of the goods of D Co., Ltd., the Defendant’s company’

It is reasonable to view it.

Therefore, the evidence presented by the prosecutor alone that the defendant is in the status of keeping transport charges for the victim company, such as the facts charged.

It is difficult to see and otherwise there is no evidence to acknowledge it.

A. The Defendant, as the representative of D Co., Ltd., operated the said company as the motive and background of concluding the instant consignment contract.

In the Internet shopping mall, the company sells samples to gas stations, insurance companies, large enterprises, etc. or sells them to general consumers.