Of the facts charged against the defendant, the embezzlement of one hosting machine has been made.

The defendant operated the plastic Renovation Project Division, which was operated as a separate independent management system within the D-Operation D Co., Ltd.

On July 2012, the Defendant shall obtain permission for waste disposal from the “F” factory office operated by the Victim C to the victim.

It shall be returned immediately after obtaining permission for the lending of a hydrotension scraper.

“After receiving consent from the injured party,” around July 23, 2012, the injured party lent one refratator equivalent to 113,500,000 won in the middle-class market value owned by the injured party, and thereafter, he/she kept the victim in the factory in the Dispute Resolution Co., Ltd.

The defendant decided to dispose of the above voltage scraper at will, and sold G with the mind of 40,000,000 won for the victim on March 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of the witness C and H in the second public trial record;

1. Statement of H in the second examination protocol of the suspect to the defendant;

1. Statement made by the police against C;

1. An electronic tax invoice and a detailed statement of repair expenses;

1. Investigation report (specific time when a suspect E or G disposes of hydrotension crushers);

1. In the crime of embezzlement as to whether the Defendant was in the position of a person who has custody of another person’s property, the custody of the property in the crime of embezzlement means the status of actual or legal control over the property and the custody thereof must be based on the consignment relationship. However, it does not necessarily require that the custody thereof is established under a contract such as use lending, lease, delegation, etc., but can also be established under the management of affairs, custom, cooking, good faith principle, etc. (see Supreme Court Decisions 87Do1778, Oct. 13, 1987; 97Do666, Apr. 15, 1999, etc.).