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The prosecutor's appeal is dismissed.
Reasons
1. A summary of the grounds for appeal: (a) around May 2012, the Plaintiff agreed to sell the instant Co., Ltd. to the Dispute Resolution Co., Ltd.; and (b) requested Hyundai Co., Ltd. to sell the instant Co., Ltd.; and (c) at the request of the Dispute Resolution Co., Ltd., the said Co., Ltd., as at the time when the said Co., Ltd entered into the Dispute Resolution Co., Ltd. F, which was operated by the Defendant, the said Co., Ltd., the ownership of the said Co., Ltd belongs to the Dispute Resolution Co., Ltd., and the Defendant
Even if it can be deemed that the defendant was aware of the absence of justifiable grounds to refuse the return of the co-day of this case after receiving a written decision on revocation of provisional seizure execution, the court below found the defendant not guilty, which affected the conclusion of the judgment by misunderstanding the facts
2. Determination
A. On June 11, 2012, the Co., Ltd. in the instant facts charged agreed that the Co., Ltd. in the instant case, which requires the process of processing, by acquiring from the Co., Ltd. in the instant case the Co., Ltd., an agreement that the Co., Ltd. in the instant case shall request the Co., Ltd. to a contracting company, for the aforesaid Co., Ltd., which requires the procedure of processing, by acquiring from the Co., Ltd. in the instant case.
Accordingly, around June 11, 2012, the defendant was requested by the Busan Gangseo-gu, to process the instant co-days in the amount equivalent to KRW 100,989,009 at the market price, from the Busan Gangseo-gu.
Around July 3, 2012, while the defendant kept the above Coin in custody for the victim, the defendant continued to request the above Cointe to return the above Cointe to the victim designated by the company. On September 20, 2012, the Cointe deposited KRW 128,141,516, which is the obligation to pay the outstanding amount to the previous defendant on September 26, 2012, and served a written decision that the provisional attachment execution was revoked on September 26, 2012, the defendant continued to refuse to return the above Cointe even after September 26, 2012, in the absence of justifiable grounds.