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The defendant is innocent.
Reasons
1. In the facts charged, the Defendant is a person who operates a D discount store in Jinju, and the victim E (the age of 35) is a customer who ordered a book at D discount stores operated by the Defendant.
On October 19, 2015, the Defendant: (a) requested the victim to return from the damaged party the books of “refluent fraud” under the title of “refluent fraud” from among the books sold by the damaged party in Jinju-si, F. F. 905 on October 19, 2015; and (b) entrusted the sale of the books to sell the books and transfer KRW 350,000,000 from the damaged party for sale of the books.
While the Defendant kept the books entrusted for the victim, the Defendant embezzled the books from December 2, 2015 to April 19, 2016, where the Defendant requested the return of the book sales proceeds of KRW 350,000 or the damaged person’s disposal proceeds from the damaged person several times from April 19, 2016, but did not comply with the request without justifiable grounds.
2. According to the Defendant’s legal statement, witness E’s testimony, E’s statement statement protocol, police statement protocol on E, and suspect interrogation protocol on the Defendant, E demanded the Defendant to return and refund the above book after purchasing “the third party’s similar fraud” from the Defendant. It can be acknowledged that the Defendant accepted the Defendant’s demand and accepted the Defendant’s demand that “to sell the book as soon as possible and deposit KRW 3.50,000 won at the price.” Accordingly, the Defendant’s agreement to cancel or cancel the sales contract on the above book and added the duty to return the book as a condition to stop selling the above book. Accordingly, each evidence alone is insufficient to recognize the fact that the Defendant entered into a consignment contract with the content that the Defendant would sell the above book on the account of E and E., and thus, the Defendant is in the position of the custodian of embezzlement.
subsection (b) of this section.
In addition, according to No. 1, the defendant sold the above book to another person on May 2016. On May 24, 2016, 247,500 won was deposited into the account, but on the same day.