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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
【Judgment on Grounds for Appeal】
1. The summary of the grounds for appeal: ① (a) the Defendant’s management D Co., Ltd. (hereinafter “D”) only purchased and processed the instant materials with E (hereinafter “E”) and entered into a discretionary processing contract with E at the construction site; (b) the ownership of the instant materials between D and D is not in the position of custodian; and (c) the ownership of the instant materials between D and D upon receipt of the instant materials for discretionary processing from E is in the case of D; and (d) it cannot be deemed that R acquired the ownership of the instant materials by transfer of the materials delivered by E to E and D; and (d) D had been supplied with the materials after first use of the DNA materials if the materials fall short of the supply of the materials between E and E, and thus, it cannot be deemed that the instant materials were acquired from E prior to the delivery of the said materials to E and thus, it cannot be deemed that the crime of embezzlement had already been established as to the Defendant’s delivery of the said materials.
2. Determination
A. The summary of the facts charged is that the Defendant, as the representative of D in terms of e, is engaged in processing materials, such as pipes, under a contract with E, a fire-fighting construction facility company, and the victim knife is engaged in supplying equipment and materials to the Defendant under a contract with E.
On January 10, 2011, the Defendant supplied the victim with materials equivalent to KRW 2,153,706 in total, as stated in paragraph (1) of the attached Table of Crimes List No. 1 from the victim, as shown in paragraph (1) of the attached Table of Crimes. On January 14, 2011, the Defendant supplied the victim with 38,182,332 won at the same place as listed in paragraph (2) of the attached Table of Crimes No. 2 of the annexed Table of Crimes. The Defendant was supplied with 207 points that are difficult to settle the price of the materials.