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The defendant shall be innocent.
Reasons
1. From March 18, 2011, the Defendant: (a) purchased and paid, and used, the steel bars, the main materials of which are construction work, from the victim E, a contracting company, for reinforced concrete construction work among the D dormitory construction work located in Busan-gun CD in Busan-gun; and (b) supplied and used the steel bars by settling the accounts at the post.
Until the settlement of the value of the steel bars, the ownership of the steel bars was reverted to the above E.
The Defendant was supplied with the construction profit by E as above with the intention of illegally turning off the parts of the iron bars used at the construction site under the management of the Defendant.
On July 201, the Defendant, at the site of the above dormitory construction, loaded 25 tons of steel in a truck with the market value of 20 million won or more, and removed it without knowledge of the victim’s company, and embezzled it by moving it to a nearby vacant lot in Busan Special Metropolitan City, which is located far away from the original distance, 315.
2. Determination
A. The summary of the defendant and his defense counsel's assertion concluded a reinforced concrete construction contract among the new construction of a dormitory with E company, and the defendant purchased steel bars and supplied them to the defendant, but the amount equivalent to the above steel bars should be deducted from the subcontract price entered into between E and the defendant corporation. Thus, the steel bars supplied as above shall be deemed as owned by the defendant. Therefore, even if the defendant taken them out at the construction site of the new construction, the crime of embezzlement is not established.
In addition, the defendant moves the same place of business when there is a problem of receiving the construction cost from the executor, and in the case of a part of the steel bars, the defendant moves to use for the work of the F Welfare Facilities that the defendant concluded separate from the Co., Ltd. E, so the crime of embezzlement is not established.
(b).