The Defendant is the representative of the Vietnamese Corporation “B” (B; hereinafter “Defendant Operation Corporation”) established for the purpose of producing organic fertilizers, etc.

The defendant agreed to operate a fertilizer business in Vietnam and D with the victim dispute resolution council operated by C.

On April 2015, the Defendant arbitrarily released the production facilities of organic fertilizers equivalent to KRW 31,939,085 (hereinafter referred to as “the instant machinery”) from the injured party for spot investment in the warehouse of the Dong-gu Incheon City (ju). < Amended by Act No. 13373, Jul. 7, 2015; Act No. 13534, Jul. 2, 2015>

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Part of the Defendant’s legal statement [The Defendant and his defense counsel invested the instant machinery in kind in the Defendant’s operating corporation, which constitutes the ownership of the Defendant’s operating corporation, and even if the Defendant voluntarily disposed of it, it does not constitute embezzlement.

The argument is asserted.

In order to transfer the ownership of the movable property, the ownership of the movable property shall be transferred to the owner of the movable property. According to the evidence below, the victim requested the transportation of the instant machinery to the consignee with the Defendant’s operating corporation as the consignee. However, the Defendant’s operating corporation did not receive the cargo on the ground of customs duties, etc. and returned the machinery to the consignee without receiving the cargo, and the Defendant received the documents, such as the victim’s business registration certificate, etc., and embezzled by arbitrarily transporting the machinery during the storage of the victim via E., so the machinery of this case was transferred to the Defendant’s operating corporation.

It can not be seen that it is still owned by the victim.

Although the Defendant and the defense counsel asserted that the prices of the instant machinery are much more than the actual ones, the Defendant and the defense counsel stated the witness C’s legal statement, the certificate of export declaration, the import customs clearance statement, and the seal.