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Defendants are not guilty.
Reasons
1. Around November 2011, Defendant B participated in the management of the company when investing KRW 2.3 million in Defendant A Co., Ltd. in the management of the company. However, around April 2012, Defendant B demanded the return of the investment amount to Defendant A because it is difficult to maintain the partnership with the management of the company.
Defendant
B At that time, Defendant A confirmed that there was no ability for Defendant A to return the cash of the Party, and suggested Defendant A to provide a high-priced passenger car under the name of the said Company as a collateral for the obligation to return the cash of the investment. The consent was obtained from Defendant A.
Defendant
A, in accordance with the above crime plan on April 13, 2012, between the victim Hyundai Capital Co., Ltd. and the victim Hyundai Capital Co., Ltd., Ltd., on the condition that one Fridi vehicle is paid KRW 8,450,00, monthly rent for 36 months, monthly rent for 2,290,500, and around April 16, 2012, A accepted the above car and kept it for the victim, and around that time, the said car was arbitrarily set up to Defendant B as a security for the obligation to return the investment deposit.
As a result, the Defendants conspired to embezzled one set of car in the amount of KRW 84.5 million at the market price owned by the victim Hyundai Capital Co., Ltd.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by this Court:
(1) When Defendant A was unable to return KRW 230 million invested in Defendant B to the above Defendant, Defendant A entered into a vehicle lease agreement under the name of the above corporation, and after completing the lease period, Defendant A agreed to settle the rent that was paid after completing the registration of ownership transfer in the said Defendant’s name. On April 13, 2012, Defendant A entered into a lease agreement with Hyundai Capital Co., Ltd. with respect to the instant vehicle, such as as written in the facts charged, in the name of the corporation.
(2) Defendant B, on April 2012, 201.