In collusion, the Defendants: (a) exported Malaysia within the F factory located in Chungcheongnam-gun G from around August 2011, to Malaysia; (b) and (c) embezzled the sales proceeds by selling pentice to I, who used H on August 27, 2011, for the purpose of business, sold pentine 450 and dismantled 10 won at the construction site of Dongan-gun, which was returned due to lack of standards, and removed and stored after being leased and installed at the construction site of Dongan-gun; and (d) embezzled the sales proceeds by consuming it as entertainment expenses, etc.

2. The assertion and judgment

A. The Defendants and the defense counsel asserted to the effect that the instant pension does not constitute the intent of embezzlement, since the instant pension is owned by the J, not F, a stock company, and disposed of the scrap metal with the permission of the proprietor and used it as a revolving expense.

B. According to each evidence of judgment, the following circumstances are acknowledged.

① Each of the above fences was kept in the open storage and storage for several years since there was no way to dispose of used goods as used goods. ② Therefore, the Defendants sold each of the above fences at the prices of scrap metal, and the amount received is relatively less than six million won.

③ The factory and goods of this case are originally owned by K or J (the president). At the same time, the factory head arbitrarily disposed of scrap metal and used it as waste expenses, food expenses for employees, etc., and L, a real manager, was also permitted to do so.

Defendant

A used the money received in this case for the above purpose, and in particular, Defendant B only participated in the meeting ceremony and did not have any other profit.

(4) K Co., Ltd. sells the instant factory to the Japanese War Co., Ltd. around 2010.