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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is that the Defendant is engaged in the actual operator of the Gyeongbuk-gun's sexual agency in the Gyeongbuk-gun's Sung-gun, and from September 1, 2006, entered into a fertilizer consignment contract with the victim (the victim)D and puts a fertilizer on the part of the Defendant, selling the fertilizers supplied by the victim to the agricultural cooperative, and then submitting materials, such as tallyings, certificates of supply of agricultural products, etc., to the victim and receiving fees per fertilizer.
On September 1, 2006, from around June 30, 201 to June 30, 2014, the Defendant embezzled 6,863 parts of the consignment inventory 9,593, which were supplied and kept by the victim from around September 1, 2006, which were not put on the list from the victim from around June 24, 2014, in a way that the Defendant failed to return the list or arbitrarily sold the list to others and did not pay the sales proceeds.
2. The above facts charged on the premise that the Defendant was in custody of 6,863 fertilizers around June 24, 2014 when the Defendant was demanded by the injured party to return the fertilizers in custody, and the evidence alone submitted by the prosecutor is insufficient to acknowledge it, and there is no other evidence to acknowledge it.
In addition, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant sold the above 6,863 note to another person and kept the proceeds of sale after being paid, and there is no other evidence to acknowledge it.
Rather, according to the records of this case, even before June 30, 2014, the Defendant supplied E, etc. with a fertilizer 6,863 note, but failed to undergo a normal inspection due to the reasons such as an applicant for not doing so, excessive amount exceeding the limit, withholding of inspection, and a tallying atmosphere, it is only recognized that the Defendant agreed to examine the said fertilizer 6,863 note with the victim and the agricultural cooperative until December 31, 2014.
3. If so, the facts charged in this case are examined.