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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant of the instant facts charged is the manager of the class E store operated by the Victim C Co., Ltd. from March 19, 2012 to June 19, 2013, who comprehensively takes charge of the sale and management of the goods, sales employees, inventory management, etc. as the manager of the class E store operated by Geumcheon-gu Seoul Metropolitan Government Co., Ltd.
The Defendant entered the number of goods sold to the customer, the number of goods discountedly sold, and the number of goods held by the above store in the inventory management program of the above store connected to the victim’s computer system into the victim’s inventory management program, and made it consistent with the actual inventory quantity of the above store recorded in the victim’s computer system. Of the clothing for sale supplied by the victim, the amount of goods sold to the customer was a duty to pay the victim the amount of goods sold to the customer.
From March 19, 2012 to June 19, 2013, the Defendant: (a) sold 13,459 items of clothes from the victim in the above store to the victim’s occupational storage on behalf of the victim; (b) sold 2,802 items of clothes in the above store; or (c) even if the Defendant had arbitrarily possessed them, stated the relevant quantity in the inventory management program as if he/she held them as inventory goods in the above store.
The Defendant embezzled the property of the victim by failing to pay the amount to the victim, even though he obtained a total of KRW 108,079,050 in the market value of the above clothes 2,802, which are owned by the Defendant by the said method.
2. In full view of the evidence duly adopted and examined by this court, the following facts can be acknowledged.
(1) On March 29, 2012, the Defendant supplied clothing from the victim and sold them at EF stores of the victim, and entered into a sales service contract with the victim to pay a certain percentage of the sales proceeds as commission after depositing the sales proceeds into the victim’s account, which is above.