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The defendant dismissed the application for compensation of this case by the applicant for compensation of not guilty.
Reasons
1. The Defendant is a person who is engaged in textile processing business with the trade name of “F” in both weeks, and the victim D is a person who engages in textile foundation business with the trade name of “H” in both weeks.
On January 27, 2011, the Defendant received a work instruction from the J that “A” (hereinafter “I”) engaged in textile export business with the trade name of “A” (hereinafter “I”). From around that time to January 28, 201, the Defendant rejected a request from the victim for return of the said Textiles total sum of KRW 250 (hereinafter “instant Won”) from the victim during the period of his/her occupational storage from around February 201, while receiving a request for return from the victim on February 2, 2011.
Accordingly, the Defendant embezzled the fiber Group 250, which is equivalent to 28,546,830 won at the market price owned by the victim, while maintaining it for business purposes.
2. Determination
A. The Defendant asserted that the Defendant received the instant original body from the victim to conduct textile processing operations at the request of I, and that the owner of the instant original body was not aware of the victim, and that I refused to return the original body by exercising the right of retention against I due to a default on February 201, 201, and thus, the Defendant did not have the intent of unlawful acquisition and the intent of embezzlement.
(b) Comprehensively taking into account the decisions, the following facts can be recognized in light of the statements made at each investigation agency of the Defendant, the J, and D and this court, K’s legal statement, payment note, non-prosecution decision and written opinion, each request, judgment, and promissory note:
(1) As a company engaged in export business, I purchases a set of goods from Pos Trade Co., Ltd. (hereinafter “Pos Trade”) and send them to the victim after receiving orders from Pos Trade Co., Ltd. (hereinafter “Pos Trade”), and operates the part of the goods upon completion of the above work.