The defendant shall be innocent.

1. The Defendant in the facts charged is a person who has operated a clothes manufacturing and wholesale company under the trade name of “D (D; hereinafter “D”)” in Seoul Dongdaemun-gu Seoul Metropolitan Government 402.

On October 2013, the Defendant was requested from EF to provide a set of clothes from a person suffering from an instigious injury on the day of October 2013, but the production cost of goods was insufficient. As such, in G (hereinafter “G”), the Defendant was an agreement to make the Defendant produce a set of clothes and supply them to G upon receiving the production cost of goods from G, and pay 10% of them to the Defendant upon receiving the price of goods from the damaged person.

Nevertheless, at a place where the location of October 15, 2013 is unknown, the Defendant received KRW 3 million from the victim to the Japanese bank account in the name of the I and kept the money for the victim. At that time, the Defendant arbitrarily used the money for the company operation.

The Defendant, including that, from the above day to March 3, 2014, received from the injured party a total of KRW 140 million as the price for the goods as shown in the list of crimes in the attached Table, and used the remainder of KRW 100 million, excluding KRW 40 million among them as the price for the goods, to G without remitting it to G.

Accordingly, the defendant embezzled the victim's property.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. The evidence presented to this court and duly adopted.