On June 2012, the Defendant sold 15 million won to G at his own discretion, without a resolution of the board of directors, while keeping raw materials, etc. related to the manufacture of bio plastics owned by the victimized company for the victim. On August 2012, the Defendant arbitrarily sold 79.5 million won to G, without a resolution of the board of directors, while keeping the compact shower machines owned by the victimized company for business purposes.

Accordingly, the Defendant embezzled the property of the victimized company for business purposes.

2. In full view of the evidence submitted by the judgment prosecutor, the fact that the defendant, the representative director of the victimized company, disposes of the raw materials and machinery owned by the victimized company as stated in the facts charged is recognized.

However, in full view of the following circumstances revealed by the evidence duly adopted and examined by this court, it is insufficient to deem that the Defendant had an intent to dispose of the Defendant in violation of the consignment relationship with the victimized company for the benefit of himself/herself or a third party, and there is no evidence to acknowledge otherwise.

First of all, we examine the background of establishment and the status of management of the victimized company.

1) On June 201, the Defendant and D entered into a joint contract with the effect that “the Defendant invested KRW 200 million in the Defendant, D invests in the Lao-related patent right held by him, and the remainder of operational funds KRW 300 million in addition to credit loans, etc.” and the Defendant was appointed as the representative director of the victimized Company, and the Defendant took office as the representative director of the victimized Company and participated in the management of the victimized Company. However, the management status of the victimized Company was later.