The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is the representative director of D Co., Ltd. (hereinafter “D”) who runs liquor wholesale business in Busan Seo-gu.

On May 16, 2014, the Defendant, at the above D office, sold two truck owned by the victim D via E to the person in unsound name, and transferred the price of eight million won to a deposit account in the name of the Defendant, and embezzled by using it for personal purposes, such as paying five million won to F on or around the 19th of the same month.

2. Determination

A. The defendant's assertion that the defendant and his defense counsel sold two truck owned by D and received the price of eight million won in the account in the name of the defendant to the account under the name of the defendant shall be subject to a resolution of the temporary shareholders' meeting of D. The above eight million won was paid as part of the defendant's benefits, and thus, it does not constitute embezzlement of corporate funds.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is recognized that the Defendant received KRW 8 million from the price of selling two truck owned by D to the account in the name of the Defendant according to the resolution of the temporary general meeting of shareholders held in D, and that it was paid as part of the Defendant’s salary that has not been paid for the several years, and thus, the Defendant embezzled the Defendant’s funds by taking account of the fact that the Defendant received the vehicle sales price through the resolution of the temporary general meeting

(2) No person may be deemed to have had the intent of embezzlement or embezzlement.

① On May 16, 2014, D sold two vehicles owned by the said company to G in the amount of KRW 8 million, and G deposited the said purchase price in the account in the name of the Defendant.

Before the sale of the foregoing vehicle, the Defendant held a temporary general meeting of shareholders of D on May 14, 2014 and attended by the Defendant and H. The above general meeting of shareholders sold two truck units owned D with the “case of vehicle sale” as set forth in subparagraph 1, and the above sale price is eight million won with the “case of premium payment” set forth in subparagraph 2.