The defendant shall be innocent.

1. To the extent that the Defendant did not infringe the Defendant’s right to defense, some of the facts charged were revised.

B On March 21, 2016, the Agricultural Partnership Co., Ltd. (hereinafter “B”) entered into a lease agreement with the victim D Co., Ltd. and E Poter vehicle from March 23, 2016 to March 23, 2020, with the lease deposit amount of KRW 48 months, lease deposit of KRW 2,892,00, vehicle payment of KRW 14,460,00, and monthly lease of KRW 367,500.

B paid KRW 5,964,428 over 16 times by July 2017, and the lease contract was terminated on September 11, 2017 due to the unpaid rent from August 2017.

B The Defendant, who substantially operates B, stored the above Poter vehicle for the victim, and embezzled the vehicle by not returning the Poter despite being aware of the termination of the lease contract and the fact that the Poter vehicle should be returned to the victim.

2. On March 2, 2016, Decision B entered into a lease agreement with the victim D Co., Ltd. on the Epoter vehicle.

However, in the register of automobiles, B is the owner of Epoter vehicle, and the defendant is operating in substance B.

Considering these circumstances, it is difficult to view the evidence submitted by the prosecution alone as the defendant is in the position of keeping the property of the victim D Co., Ltd. and there is no other evidence to acknowledge it.

Therefore, since the facts charged in the instant case constitute a case where there is no proof of crime, the court rendered a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act, and did not disclose the summary of the judgment pursuant to the proviso of Article 58