The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On May 8, 2015, the Defendant retired from the victim limited liability company D located in the Seoul Special Self-Governing Province of the Seoul Special Metropolitan City (Seoul Special Metropolitan City), and embezzled the facts charged by the Defendant on the ground that the Defendant continued to operate the said company with a car owned by the said company and failed to comply with the request for return of the said company, while the Defendant was operating the said company as its representative director.

2. The Defendant and his defense counsel’s assertion that they were to leave the victim limited liability company D (hereinafter “victim company”) and agreed to receive the E-Spo-type car (hereinafter “the instant vehicle”) from the Defendant’s transfer, and thus, the failure to return it cannot be deemed embezzlement.

3. According to the evidence duly adopted and examined by the court, the instant motor vehicle is recognized as having completed the registration of ownership transfer in the name of the victim company, and as having not returned the said motor vehicle to the victim company even though the defendant resigned from the office of representative director of the victim company.

However, the following circumstances acknowledged by the above evidence, i.e., the victim company’s actual resignation:

F on March 27, 2015, the F has been in charge of accounting affairs of the above corporation.

G agreed to transfer the above company to H, ② the defendant, at the request of the transferee in the course of consultation for the above transfer, decided to resign from the representative director of the victim company. For this purpose, the defendant prepared a letter of performance (in the investigation record 36 pages) between the executive officers of the victim company, such as Vice president G, Vice President I, Management I, and Director J in charge of Business on February 10, 2015, ③ the above letter of performance is with the main contents that the defendant resigns from the office of the representative director on February 28, 2015 and transfers all shares to the victim company (paragraph (1)), the defendant withdraws from the office of the representative director and transfers all shares to the victim company (paragraph (2)), and the defendant collects (paragraph (2)) from the customer and equipment brought by the defendant at the time of performing the office of the representative director.