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The defendant shall be innocent.
Reasons
1. The Defendant, on December 12, 2016, phone called to the Victim B Co., Ltd., Ltd., and sent it to repair the GPS survey car due to traffic accidents.
The GPS survey sets were leased and kept by the injured party while leasing the GPS survey sets.
On June 26, 2017, the Defendant received a request from the injured party to pay repair fees for the GPS survey equipment and return the damaged goods.
The defendant refused the victim's request for return without good cause and embezzled the GPS survey sets in an amount of KRW 11 million at the market price.
2. Determination
A. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.
① The Defendant Company C is the implementer of the D Site Development Project, and the E Co., Ltd. (hereinafter referred to as “E”) is the contractor who has contracted the said Project.
② On December 12, 2016, F, an employee of E, was broken down due to shocking the GaPS measurement equipment sets (hereinafter “D”) owned by E while driving his/her own vehicle on December 12, 2016 (hereinafter “instant accident”). ③ On the same day, the Defendant leased the same model GaPS measurement equipment sets (hereinafter “second equipment”).
④ Although the victim was expected to receive the repair cost for Chapter 1 expenses from an insurance company that was a member of F, the insurance company rejected the payment of insurance proceeds on the ground that the instant accident constitutes grounds for exemption from liability.
⑤ After that, there was a dispute between the Defendant and the victim regarding the repair cost, and the Defendant rejected the return of Chapter II expenses.
6. On June 26, 2017, the victim notified the termination of the above lease agreement by certified mail.
B. According to the above facts of recognition, at the time of the defendant's refusal to return the Chapter II expenses, the defendant's side returns the two equipment to the victim, and the two equipment rent and the one equipment.