The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is a person who purchased a vehicle and has been engaged in the sale and collection of used vehicles again by purchasing the vehicle from the damaged party while working for the victim D's "E" operated by the victim D in Suwon-si, Suwon-si, from October 2009 to March 2015 as a business employee at the high-speed trading company.

On January 1, 2010, the Defendant received transfer of KRW 1,500,000 from the injured party to purchase the said car from the said E office, and purchased the said car on or around January 10, 2010, and received KRW 1,500,000 from the purchase price for the said car and received KRW 1,50,000 from the victim, and voluntarily consumed the said car for personal purposes, such as the Defendant’s living cost, etc., from the Suwon-si branch around that time.

From around that time to August 20, 2014, the Defendant embezzled total sum of KRW 287,950,000 from the proceeds of vehicle sale by the same method over 73 times, as shown in the list of crimes in attached Table.

2. Determination

A. The summary of the Defendant’s and his defense counsel’s assertion was issued formally the membership card under the “E” operated by the victim for business purposes as a senior business employee.

In addition, the defendant received money from the injured party, purchased the used vehicle from the injured party, repaid the purchase price of the used vehicle to the injured party, and continued to pay the interest until the change has occurred.

Therefore, the amount that the victim remitted to the defendant as the purchase price for high-speed vehicles is only a loan, and cannot be deemed as the amount that the defendant keeps to handle the business delegated by the victim. Thus, the defendant is in the position of business to keep the money for the victim.

It is difficult to see that the crime of embezzlement is not established.

B. 1) The crime of embezzlement is that a person who keeps another’s property embezzled the property.