The defendant shall be innocent.

1. The Defendant is a person who operates a sales shop for “C” used cars, and the victim D is a person who operates a sales shop for “E” used cars.

On October 29, 2013, F and the victim, who are employees of the above C, concluded an agreement with C and E to purchase a vehicle with a half price of KRW 60 million at the market price, G A8 A.D. and divide profits accrued from the sale of the vehicle into half.

On July 2014, the Defendant came to know the fact of the above agreement, and then he was transferred the said vehicle under C’s name on October 1, 2014, and sold the said vehicle to J for KRW 32 million, while selling the said vehicle to J for the victim, the Defendant voluntarily consumed and embezzled the said vehicle for KRW 16 million.

2. Determination

A. While the facts charged of this case is premised on the Defendant voluntarily consumed the sales proceeds of the said ADD, it is recognized that the Defendant sold the said AD DD and did not pay the amount equivalent to 1/2 of the sales proceeds, and further, it is difficult to recognize that the Defendant voluntarily consumed the sales proceeds of the said ADD as stated in the facts charged in the instant case.

B. In addition, in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant did not pay the amount equivalent to 1/2 of the sales proceeds to D after selling the said AD car.

Even if the evidence submitted by the prosecutor alone, there was an intention of unlawful acquisition of the above price by the defendant.

It is difficult to see and otherwise there is no evidence to acknowledge it.

① It seems that the Defendant and D had a dispute over the purchase price and sales price of the said car.

2. D An objection against the defendant.