A secondhand vehicle, which has been financed and purchased from a used vehicle sales company, is naturally registered in the name of a used vehicle sales company, and it cannot be said that a sear engaged in brokerage transactions at his/her own expense and responsibility, so the secondhand vehicle sales proceeds naturally belong to the sales company of used cars.

Nevertheless, the lower court rendered a not guilty verdict of the charge of embezzlement on the ground that the Defendant cannot be recognized as a custodian of embezzlement, erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. Determination

A. The summary of the instant facts charged is that the Defendant, from October 22, 2010 to February 26, 2016, was a business employee of E operated by the victim D in Suwon-si B Trading Complex C, Suwon-si, and was engaged in the business of the victim’s heavy purchase and sale.

On May 18, 2015, the Defendant purchased FA car with the purchase price of KRW 43 million from the victim at the above E E office.

On October 30, 2015, the Defendant sold the said car and used the price for personal use, such as living cost, in the vicinity of Suwon-si, while keeping it for the victim.

In addition, from around that time to December 18, 2015, the Defendant embezzled total of KRW 141,00,000,000, which had been kept by the same method for the victim for a total of 10 times, as shown in the list of crimes committed in the annexed crime list.

B. The lower court’s determination is based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (a) a passenger car between the Defendant and the victim.