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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal - Even if K is the real representative of the corporation B, as alleged by the defendant in mistake of facts, the defendant was well aware that each of the instant machinery should not be disposed of at will as the title holder of the lease contract or the transfer for security contract for each of the instant machinery.
The Defendant goes to work daily in L, a stock company using the same office as B, and does not remove the said machine even after he appeared to have been removed from the office, and is responsible as co-offenders in the facts charged of the instant case with K as co-offenders in the instant case.
Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant is operating a business entity that processes parts, such as motor vehicle business, under the trade name “(B)B.”
Around August 1, 2016, the Defendant entered into a lease agreement with the victim D Co., Ltd., Ltd., Ltd., located in Daegu-gu, Daegu-gu, under the name of the said company, with the terms of contract of KRW 201,00,000 at the market price of the victim D Co., Ltd., Ltd. (CNC) of KRW 48 months, monthly rent of KRW 5,530,90, in the office of the L Co., Ltd., which is located in Daegu-gu, Daegu-gu, and embezzled by selling at will three of the above line equipment in the office of the L Co., Ltd., which is located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant:
The Defendant, around July 13, 2016, took out a loan of KRW 186 million from the Industrial Bank of Korea of IBK located in Daegu Nowon-gu, Daegu, Nowon-gu, 175, from the Industrial Bank of Korea of 175,000,000 won, and the Defendant offered three units of CNCurling Co., Ltd. (production number F, G, and H) purchased from the above loan as a security for transfer to the victim. Thus, the said security should not be arbitrarily disposed of until the repayment of the loan is made.