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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On August 13, 2013, the Defendant was sentenced to four years of imprisonment by the Seoul High Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the said judgment became final and conclusive on January 29, 2014. From December 27, 2007 to December 27, 2007, the Defendant is the representative director and the president of the I Co., Ltd. I (hereinafter “I”) who exercise overall control over all business affairs including credit affairs of the said bank.
On June 5, 2008, the Defendant provided the victim J with 240 million won as a security for the loan, and entrusted the Defendant with one of the above Benz 550 (BRVS) passenger cars at the market price equivalent to KRW 100 million, 100 million at the market price, 1,550 (BRVS) passenger cars at the market price, 1,000,000 won at the market price, and 2 of the 20050 (BRVS) passenger cars at the market for the victim. On July 2010, the Defendant arbitrarily entrusted the Defendant with one of the above Benz 550 (BRVS) passenger cars at the market price.
Accordingly, the Defendant embezzled one car worth KRW 140 million in the market price.
2. The lower court determined that the Defendant’s act of entrusting the sale of the instant passenger vehicle constitutes embezzlement on the grounds that the Defendant and J agreed not to enforce the instant passenger vehicle security transfer right on the following grounds. However, the lower court determined that the Defendant’s act of entrusting the sale of the instant passenger vehicle constitutes embezzlement.
① At the lower court’s court, the J stated that “the Defendant did not consent to the commission of sale of the instant passenger vehicle to the Defendant,” and that “the Defendant would purchase the instant passenger vehicle, and the J would pay interest on the request for return of the instant passenger vehicle in lieu of interest.”
② The witness K stated at the court of the court below that no visit the witness exhibition after the passenger car of this case was exhibited for sale consignment.
③ On July 11, 2011, J stated the customer comprehensive information inquiry (Evidence No. 15 pages) regarding the instant loan obligations as “the maturity of the loan will be June 5, 201.”