The defendant shall be innocent.

1. The summary of the facts charged in this case is the actual operator of “C” corporation established for the purpose of building construction business, etc. on the 3rd floor of Songpa-gu Seoul Metropolitan Government B building.

around October 1, 201, the Defendant, at the “F office of the victim E’s “F office,” located on the first floor of the Songpa-gu Seoul D D Building, leased GYFHA car by the victim for three years until October 1, 2014, agreed to pay KRW 580,000 per month rent, and used the said vehicle by lending it. From May 201, the Defendant was sent a mail proving “the notice of early termination and return of vehicle due to the long-term delay” from the victim on November 8, 2012, and then embezzled it without justifiable grounds, even if the victim demanded to return the said vehicle, on November 15, 2012.

2. The defendant asserts that he did not return the facts charged of this case within the time from the investigative agency to the present court, or that he did not intend to obtain unlawful acquisition of the said motor vehicle.

In embezzlement, the intention of unlawful acquisition in embezzlement refers to the intention to dispose of the property of another person that is kept for the benefit of himself/herself or a third party, such as his/her own property, and has an intention to return, compensate or preserve it later.

Even if there is no obstacle to recognizing the intention of illegal acquisition.

However, according to the records, after the victim terminated the instant automobile lease contract ex officio on November 15, 2012 due to the overdue rent delinquency, the Defendant made a vindication to the effect that the Defendant continued to use the instant automobile since there was no time to substitute the said vehicle for another vehicle for business purposes. The Defendant called the victim on March 18, 2013, when about four months had passed since the termination of the lease contract.