The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The summary of the grounds for appeal (the fact-finding) is that the defendant used the sculptures of this case with the consent of the victim, but even according to the statement of the victim and K staff of the victim and the defendant's statement (the prosecutor's office), it is recognized that the defendant without compensation brought about the sculptures of this case under custody of the victim at will.

As such, the judgment of the court below which acquitted the defendant of the facts charged of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, as long as the defendant voluntarily brought the article of this case possessed by the victim was used and it became difficult to exercise the security right.

2. Determination

A. The summary of the facts charged is that the Defendant, as the representative director of a stock company B (hereinafter “Defendant Company”), for the purpose of displaying sculptures, etc. (hereinafter “Defendant Company”), entered into an operation agreement with C (hereinafter “D”) around August 201, and planned lighting and artistic group performances, influence film festivals, and contact sets, but the funds were insufficient, on August 30, 201, borrowed KRW 50 million in total from the Victim E Co., Ltd. (hereinafter “victim”) on two occasions from August 30, 201, and provided KRW 17 (hereinafter “instant Article”). In order to secure a loan obligation, the Defendant Company provided the Defendant with a type of 37 (hereinafter “the instant type of property”).

On February 13, 2012, the victim entered into a contract with F Co., Ltd. (hereinafter referred to as “F”) to deposit the instant sculpture, which was provided by the Defendant as security for transfer, free of charge, with the Defendant, and stored the instant sculpture in Jin-gun, Chungcheongnam-gun, Chungcheongnam-gun.

The Defendant, at around July 2012, at the Chungcheongnam-gun G of Chungcheongnam-gun, he/she arbitrarily possessed and used the instant sculpture from August 3, 2012 to August 26, 2012, the instant sculpture was exhibited and used to H (hereinafter “H”) and continued to exist on November 1, 2012.