The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) even though the victim urged the return of the vehicle several times, the Defendant refused to return the vehicle, disregarding it; and (b) in light of the fact that the vehicle calls from the broken-down or his seat to remove the vehicle and the vehicle, it may be recognized that the Defendant had an intention of unlawful acquisition of the instant vehicle; (c) however, the lower court acquitted the Defendant by misapprehending the legal doctrine on the intention of unlawful acquisition of the vehicle

2. Determination

A. The Defendant 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 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 from 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 to November 8, 2012, the Defendant was in arrears with the rent for the said vehicle, and was subject to a mail proving “the notification of early termination and return of the vehicle due to long-term delay” from the victim around November 201, 201, and thus, embezzled the said vehicle without justifiable grounds, despite the victim’s demand to return the said vehicle, since the lease contract was terminated ex officio on November 15, 2012.

B. On the other hand, the lower court asserts that the Defendant did not return the instant facts charged within the time from the investigative agency to the court below’s court, or that there was no intent to obtain unlawful acquisition of the said vehicle. In embezzlement, the intent to obtain unlawful acquisition refers to the intent to dispose of the said property of another person, which is kept for the benefit of himself/herself or a third party, as his/her own property, or to return, compensate, or preserve it later.