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

1. The summary of the facts charged in the instant case is that the Defendant entered into a lease agreement with the lessor on November 5, 2010 and is operating the cafeteria, “E” located in the Chungcheong City from C and the Lessee (hereinafter “instant cafeteria”).

On November 1, 2010, the Defendant arbitrarily disposed of, and stolen, 4.3 million won (hereinafter “instant machinery”) at the victim’s market price at which he was located, 3.5 million won, 3.5 million won at the market price, 3.5 million won at the market price, 2.8 million won at the market price, 7.7 million won at the market price, 7.7 million won at the market price, and 6.3 million won at the market price.

2. It is true that the Defendant disposed of the instant machinery.

However, the instant equipment was leased by C including not only the instant restaurant, but also the storage and retail stores attached thereto, and was disposed of after having taken over all of the instant equipment, including the instant machinery, at the retail store by paying the facility cost of KRW 10 million, from C. Thus, it did not constitute theft.

3. The following facts are acknowledged according to the records of this case.

A. On November 2, 2010, C, Korea Workers’ Compensation & Welfare Corporation, and the Defendant leased the instant restaurant to C, Korea Workers’ Compensation and Welfare Service, and the right to benefit from use entered into a lease agreement entrusted to the Defendant.

From November 5, 2010 to November 4, 2012, the lease deposit was set at KRW 80,000,000, and the lease object was set at KRW 158,40,000.

B. At the time of the conclusion of the above lease agreement, C and the Defendant entered into a contract on the side that the Defendant would pay C the facility cost and monthly rent. The leased object indicated as “D cafeteria, Ga, Na, and Da-dong” as the leased object, and as the special terms and conditions, “the facility cost per day shall be paid in lump sum and the monthly rent shall be paid in KRW 4 million per month.”