The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On September 21, 2011, while the Defendant: (a) operated the main company “E” located in Pakistan, the Defendant: (b) transferred the ownership of KRW 280 million from the Victim F to the method of possession revision; and (c) kept and used for the victim, a notary public located in Yongsan-gu, U.S., U.S., U.S. on August 2, 201, in the course of the acquisition of the seven parts of the main equipment operated by the said company; (d) transferred the ownership of the seven parts of the main equipment operated by the said company to the victim; and (e) arbitrarily created and disposed of it from the office law firm H.

Accordingly, the defendant embezzled the victim's property.

2. In a case where the obligor, who provided movable property to the obligee as security and possesses it by means of the transfer of movable property as security and the change of possession, still remains reserved against the obligor, and thus, even if the obligor disposed of or provided it as security to a third party, it does not constitute embezzlement (see Supreme Court Decisions 80Do2097, Nov. 11, 1980; 2008Do10971, Feb. 12, 2009). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is reasonable to view that the Defendant did not sell the machinery specified in the facts charged in the instant case (hereinafter “the instant machinery”) to F, but rather set up a security right to the said machinery.

① On September 21, 2011, the Defendant supplied F with the site from September 21, 201 to September 21, 2013, the Defendant supplied F with the site and the Defendant paid KRW 280,000,000 to F, and the time when the deposit was returned is September 21, 2013; and the Defendant entered into a contract for the sale of recycled goods with the terms that the Defendant would enter into the instant contract for the consumption and lending prior to the installment deposit (hereinafter “instant contract for the sale of recycled goods”) with the Defendant and F, on the same day.