On November 9, 2017, the Defendant: (a) was engaged in the business of receiving gold bars from the victim C who transported and sealed them to Japan via Korea, and then delivered them to Japan; and (b) was willing to arbitrarily dispose of them without delivering them to the promised place.

According to the above public offering, B was ordered to receive approximately KRW 540,000,000,000 in the market price of KRW 540,000,000,000 from the damaged person, and to deliver it to Japan, and around November 10, 2017, at around 12:00, the gold bars of KRW 12 kilograms were found in the G storage of the Incheon International Airport General Airport G, and three gold bars were divided by D, E, F, and the other three gold bars were concealed in Japan.

The airport was passed through the airport and brought into Japan.

Since then, B was kept in custody by receiving all gold bars from D, etc. in the course of getting on and moving a wing vehicle along with D, etc. after coook in Japan.

On November 10, 2017, after the escape with all gold bars in the present H, the head of the hotel near the river basin in Japan delivered gold bars to the defendant at the hotel near the river basin in Japan.

On November 2017, the Defendant, who received gold bullion B, sold gold bars of 12 kilograms per kilogram 27,800,000 won per kilogram 1 kilograms from the gold bank operated by a person who is not aware of the names near the Japanese AustriaI market.

Accordingly, according to the witness C’s legal statement that the Defendant embezzled the victim’s property held in his/her business in collusion with B, the owner of the gold leader of this case can be seen as a person whose name is not known as “J”.

However, in the crime of embezzlement, the victim may be deemed to be both the owner of the damaged object and the truster (see Supreme Court Decision 2008Do3438, Jul. 24, 2008). Thus, even if C is not the owner of the gold leader, it shall be transported from C even if it is not the owner of the gold leader.