The defendant shall be innocent.

1. The summary of the facts charged is the representative director of D established for the purpose of meat processing and distribution business.

The facts are as follows: E, who worked as a business employee of the above company from February 201 to October 201, managed F, a business partner of the above company; during the above period, E, a stock company, supplied approximately KRW 180 million to F, but it was not paid KRW 68,799,213 out of the price of supply due to the bankruptcy of F, a stock company F, and the Defendant was aware of the fact that E received payment from F, the payment from F, which was made by F, from F, and embezzled at will, using the said unpaid amount, on September 24, 2011.

Nevertheless, on the ground that the Defendant initially agreed to the effect that “E, a business employee, is responsible for the outstanding amount of transaction,” filed a civil lawsuit claiming payment of the above amount against E, and lost E on the ground that E was merely a worker, the Defendant stated to the effect that “the Defendant is punished by embezzlement of KRW 68,79,213 in the amount of money due to the following methods: (a) he/she worked as a business employee in charge of the Daejeon area in the Dong-gu, Ansan-gu, Ansan-gu; (b) on April 26, 2013, the public service center of the Ansan-gu Police Station in the Dong-gu, Ansan-gu, Ansan-gu; and (c) on May 28, 2013, he/she received an investigation from the public prosecutor’s office on the same purport.”

In this respect, the defendant did not appeal E.

2. Determination

A. In the first criminal trial of relevant legal principles, the conviction should be based on evidence of probative value, which makes the judge feel true to the extent that there is no room for a reasonable doubt, so that the prosecutor’s conviction may lead to such conviction.