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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant, from July 2017 to August 18, 2018, worked at “D” business establishments located in Suwon-gu C and the third floor operated by the victim B from July 2017 to preparing a sales account book and kept and manage the sales account book.
On September 26, 2017, the Defendant stated that sales of 40,000 won by credit card was generated in the same amount on the sales account, while working at the said establishment, and settled sales around that time, the Defendant used the same amount without delivering it to the victim.
In addition, from that time until August 16, 2018, the Defendant arbitrarily consumed cash sales in the same manner as indicated in the list of crimes, and embezzled total of KRW 6,970,000.
2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). Examining the instant case in light of the foregoing legal doctrine, comprehensively taking account of each of the evidence duly adopted and examined by the instant court, the fact that the Defendant was working at the D business operated by B from September 2017 to August 2018 is recognized as having brought some of the cash sales in the said D business from the end of April 2018 to the end of the same year.
However, in full view of each of the above evidence, the following circumstances, i.e., ① the Defendant, from September 2017 to D’s branch office, shall keep the sales amount.