횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On January 28, 2016, the Defendant: (a) received heating and cooling installation works from the victim H Co., Ltd. (hereinafter “victim Co., Ltd”); and (b) kept 47 air conditioners, etc. (hereinafter “this case’s air conditioners, etc.”) in the system equivalent to KRW 119,660,928, such as the market price indicated in the attached crime list for the victim, on behalf of the victim, at the warehouse of G Co., Ltd. (hereinafter “G”); (c) on the same day, the Defendant arbitrarily transferred the air conditioners, etc. to pay KRW 300 million to I.
2. Summary of the defendant and his defense counsel's assertion
A. It was true that the Defendant disposed of the instant air-conditioning equipment, etc., but the contract concluded between G and the victim company was a contract for the process that G purchased air-conditioning equipment and finished up the construction work, and thus only the ownership of air-conditioning equipment, etc. was not separately transferred before completing the construction and transferring the construction.
On the other hand, the fact that J, an officer in charge of G, issued a custody certificate to the victim company cannot be deemed to have transferred the ownership of the air-conditioning equipment, etc. to the victim company.
Therefore, the crime of embezzlement of this case is not established since the ownership of the air-conditioning equipment, etc. in this case was in the first purchase G and was not transferred to the victim company.
B. Even if not, the Defendant did not know the existence of the custody certificate from J and did not know the existence of the custody certificate. Therefore, the Defendant did not know that the ownership of the instant air-conditioning equipment, etc. was transferred from G to the victim.
Therefore, the Defendant thought that the ownership of the air-conditioning equipment, etc. in this case still existed G, and at the time of disposing of the said air-conditioning equipment, etc., the Defendant did not intend to dispose of the property owned by the victim.