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The defendant shall be innocent.
Reasons
1. The Defendant is the representative director of C Co., Ltd., a livestock products processing company.
On November 28, 2014, at the C office located in Pyeongtaek-siD, the Defendant was entrusted with the sale and purchase of slaughtered pigs of an amount equivalent to KRW 62,778,255, in the market price owned by the victim E, from the representative of the victim E, to G, on condition that the Defendant sold the slaughtered pigs of an amount of KRW 1315,00 to the victim.
While the Defendant occupied the said swine 131 mama on behalf of the victim, the Defendant sold the pigs amounting to KRW 24,601,145 at the market price on December 5, 2014 to an infertility customer in mind and used the price for personal purposes, such as expenses for the management of the company.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
2. According to the evidence submitted by the prosecutor, the following facts are revealed: (a) while providing Defendant E (hereinafter “victim”) who runs a livestock product processing business with swine c (hereinafter “victim”) with a condition that the Defendant’s processed meat will be supplied to G, a company with good credit in order to clarify the amount of raw meat purchase; (b) under the above condition, the Defendant was provided with 62,778,255 won by the victim, and then processed and supplied part of the processed meat to G; (c) Company G directly remitted KRW 38,17,110 to the victim other than the Defendant; (d) the Defendant violated the above condition and arbitrarily disposed of the remaining raw meat without selling it to G; and (e) the Defendant did not pay the remaining raw meat 38,77,25 won to G, a company with good credit credit; and (e) the Defendant did not pay the remaining raw meat 38,177,110 won, excluding the above KRW 38,778,255 won.
However, the value of the goods increases by processing original meat, and the victim is paid the price of the processed meat, the value of which is increased.