Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant and B shared the clothing business from October 2017 to February 2018 and used the building C and D warehouse in Jung-gu Incheon Metropolitan City operated by B, and B had been in custody in the said warehouse upon being entrusted with the custody of 50 knin cosmetics from October 9, 2017 by the victim E (hereinafter “cosmetic”).

around February 2018, the Defendant was entrusted with the custody of cosmetics owned by the injured party in the above warehouse from B and moved 37 cosmetics to 5th floor of the building in Michuhol-gu Incheon, and thereafter released 10 cosmetics around that time, kept 27 remaining 27 cosmetics. Around the end of April 2018, the Defendant was in internal relations with the Defendant.

G had 27 of the above cosmetics move to an office located in Gyeyang-gu Incheon, Gyeyang-gu, and concealed it.

Accordingly, the Defendant embezzled cosmetic owned by the victim, which is equivalent to 34,776,00 won in total of the market price.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has partially made a statement in the court (two times, replacement of the defendant);

1. Statement made by the police concerning B of the suspect suspect E in the police interrogation protocol;

1. The Defendant and his defense counsel asserted that, on April 2018, when the Defendant was detained by a drug incident, G had G move the instant cosmetics to the office located in Gyeyang-gu Incheon in order to safely store the instant cosmetics, and that the goods were not returned due to the lack of smooth communication with B, G, etc. under detention, and that the aforementioned cosmetics were not concealed with the intent of unlawful acquisition.

However, the following circumstances, which can be recognized by the court lawfully adopted and examined the above evidence, namely, G moving the cosmetics of this case to the above office according to the Defendant’s instruction, would have taken place with the knowledge that the cosmetics of this case were owned by the Defendant.