The defendant shall be innocent.

1. A summary of the facts charged by the Defendant, around September 27, 2012, at E stores located in Gangnam-gu Seoul Metropolitan Government D, saying, “A vehicle is not allowed to rent a vehicle with a bad credit holder. It would bear a lease cost if a vehicle is leased.” F would have the Plaintiff enter into a lease contract with Hyundai Capital Co., Ltd. in the name of Hyundai Capital Co., Ltd., Ltd. (hereinafter “instant vehicle”), and the Defendant received the said vehicle and kept it for the victim.

Around May 2013, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul, I, 106 Dong 1002, and the Defendant demanded the return of the instant vehicle by telephone from the victim and F on the ground that the Defendant did not pay rent properly, embezzled the vehicle equivalent to KRW 46,00,000 at the market price by refusing to return the vehicle on the ground of F and the obligation and obligation.

2. In a criminal trial for determination, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt ought to be based on strict evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

In the instant case, the Defendant stated that the F was using the instant vehicle by demanding the F to lease the vehicle under the pretext of receiving some payment in kind, such as interest, and that F was using the leased vehicle by preparing the leased vehicle and paying the lease fee. In other words, the following circumstances recognized by the witness F’s partial statement, the witness J’s legal statement, etc., which are practically operated by the F, namely, the Bank of Bankruptcy Co., Ltd., is a company operating in fact for sale and distribution in K, which is substantially operated by the F.