According to the construction materials supply contract concluded between the defendant and the victim, the defendant is in the position of a person who keeps steel raw materials supplied by the victim. Thus, the defendant's arbitrary use of steel raw materials remaining after the defendant used without returning them to the victim constitutes embezzlement.

In addition, according to the description of the shipment statement, it can be recognized that the defendant embezzled the amount of steel raw materials stated in the facts charged.

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

The summary of the facts charged is that the defendant, as the representative director of the Dispute Resolution Co., Ltd., entered into a subcontract for the supply and installation work of steel materials to be installed in the victim LAF and the joint factory operation of the WAD (hereinafter referred to as the “instant construction site”). The defendant made and supplied steel materials purchased from LAF to LAF at KRW 148,00 per ton, decided to perform steel installation work at KRW 256,00 per ton at the instant construction site, and decided to return the remaining steel materials to the victim. As such, the defendant is in the position of the person who keeps the above steel materials for LAF, the victim.

The Defendant is supplied with steel scrap materials of a total amount of 1,276.219 tons (one million won per ton) from March 14, 201 to September 5, 201 under the subcontract agreement, and kept in custody for the Fund. From June 9, 2011 to September 23, 2011, the Defendant manufactures and supplies approximately 885.53 tons (including about 10% of the loss in the production process) from July 16, 2011 to H, and supplies them to the instant construction site without returning them to H, 79.6 tons from July 19, 2011 to September 26, 201, and without returning them to H, the remainder of 9.30 billion tons from September 19, 201 to September 26, 201, without returning them to the Fund. < Amended by Act No. 10685, Sep. 30, 2019>