The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant agreed to later settle the prices of the instant truck (hereinafter “instant truck”) that is a son G and the Defendant, who is a son, and delivered the instant truck (hereinafter “instant truck”), but the victim was using the instant truck without settling the prices of the instant truck. Ultimately, the Defendant only lent the instant truck to the victim and sold it.

On the other hand, it is true that the defendant brought the truck of this case, which the victim was using, to the defendant's place of business. However, this is because the victim was not able to settle the price of the truck of this case, so there was no intention of unlawful acquisition for the defendant.

Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous in the misapprehension of facts and legal principles, which affected the conclusion of the judgment.

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the defendant and the victim established M&A (hereinafter “M”) around February 4, 2006, and the victim owned 1/2 shares as a representative director and the defendant operated construction machinery as a partnership business. ② The defendant and the victim divide the construction machinery owned by M by arranging the partnership business around April 2015 into half of the construction machinery. The defendant agreed to sell the truck of this case, which the defendant is a son and a stock company I (hereinafter “I”), to the victim for KRW 18 million. The victim agreed to sell the truck of this case to the victim's account on June 4, 2015; ③ the victim's account in the M's name managed by the victim, KRW 1 million, KRW 8 million, KRW 7 million, KRW 7 million from the victim's account, KRW 125 million from the victim's account to the victim's account, and KRW 3 million from the victim's account in sequence order.