The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, from November 1, 2007 to January 31, 2012, served as a business employee at the E-agency operated by the victim D in Si interesting City from the victim D, and supplied the ice cream in the said agency to Schlage, which is the customer, and received the sales proceeds and delivered them to the victim who is the operator of the said agency.

From May 1, 201 to May 31, 2011, the Defendant sold the ice forest supplied by the victim to the “GV”, etc. located in Seocheon-gu, Seocheon-gu, Seoul, a customer, at the said E agency from May 1, 201 to May 31, 201, and embezzled the total of KRW 48,526,051 from May 1, 201 to January 31, 2012, the Defendant arbitrarily consumed KRW 31,100,348 out of the sales proceeds as the sales proceeds, and embezzled the remainder of KRW 18,803,037 from May 1, 2011 to January 31, 2012 by arbitrarily consuming the total of KRW 48,526,051 among the sales proceeds.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to 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 where the defendant’s assertion or defense is inconsistent or unreasonable.

In order to return to the instant case and be recognized as embezzlement such as the facts charged, the Defendant appears to have the right to sell the goods supplied by the victim at a certain amount at a discount from the customer, and the amount of discount is excluded from the sales cost of the goods supplied by the victim to the customer.