The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the degree of having such conviction, the defendant’s interest should be determined even if there is suspicion of guilt such as contradictory to the defendant’s assertion or defense or uncomfortable amnesty, etc. (see Supreme Court Decision 2015Do119, May 14, 2015). The summary of the facts charged in the instant case is as follows: (a) while the defendant was engaged in the duty of managing scrap metal sales in general while taking charge of his/her overseas director in charge of his/her business, while he/she was engaged in the duty of managing scrap metal sales, he/she provided the defendant with a claim for return of deposit money of the defendant for his/her own use as a personal purpose; (b) he/she used part of the sales proceeds for his/her own personal purpose without notifying the victim of such fact after the sales of scrap metal; and (c) used the victim’s money 30.5.

On January 18, 2012, the lower court determined that the victim company transferred 1,00 tons of scrap metal to V Co., Ltd. (hereinafter “V”), and that the Defendant decided to be paid the sales proceeds of the said scrap metal from V (hereinafter “each of the instant contracts”). However, the lower court determined that the Defendant agreed to receive 1,000 tons of scrap metal in preparation for a case where the Defendant could not recover the claim for the return of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit