2. The judgment of embezzlement is established when a person who keeps another’s property embezzleds the property. The embezzlement as a constituent element of embezzlement refers to any act of realizing the intent of unlawful acquisition and thus, if a person who possesses another’s property commits an objective act that can be perceived from outside with the intent of changing the possession into one’s possession, then the crime of embezzlement is established for the entire property (see Supreme Court Decision 2004Do5904, Dec. 9, 2004). According to evidence duly adopted and investigated by the court below, the Defendant leased and used the instant vehicle from the victim company on July 18, 2012 and continued to use the said vehicle as if he/she own the said vehicle without a justifiable reason, and thus, the Defendant’s assertion of mistake of facts cannot be justified.

The victim's employees D stated in the investigative agency that the defendant did not allow the defendant to continue to use the pertinent car, and the defendant continued to use the pertinent car with the knowledge that all of the car usage fees of this case can be returned, but the defendant was liable to return the car to the victim company. However, even if the defendant was liable to pay the return of the car and the usage fees, the vehicle of this case by mistake.