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

1. Summary of the facts charged

A. At around 15:00 on August 17, 2013, the primary Defendant: (a) driven a vehicle with f4.5 tons of freight amounting to KRW 29,500,000 (hereinafter “instant vehicle”) at the market price owned by the victim E, a victim E, who was parked on the street adjacent to D located in Jung-gu Incheon Metropolitan City, Jung-gu.

B. On January 2013, the Defendant stated that he was using a f4.5 tons trucking 29,500,000 won at the market price of 29,50,000 won, which is the victim’s possession, from the victim E, and that on August 2013, 2013, the Defendant heard from the victim that “the termination of the lease contract” was “the termination of the lease contract” by telephone, and that on the same day, the Defendant told the victim to the effect that “the vehicle would be terminated, returned, and turned back after the extension of the contract.”

Nevertheless, on August 17, 2013, the Defendant: (a) while keeping the said vehicle for the victim; (b) had the instant vehicle parked at a tea owned by D on the street located in Jung-gu Incheon Metropolitan City, Jung-gu; (c) did not return the victim’s request for return; and (d) embezzled without returning it.

2. Determination

A. We examine the judgment on the primary facts charged. The theft under the Criminal Act refers to the removal of the possession of the instant vehicle owned by a person other than himself/herself against the will of the possessor and the transfer of it to his/her or a third party. The following circumstances acknowledged by the record: (a) the victim and the Defendant have made a verbal agreement with the victim that he/she shall occupy and manage the instant vehicle on or around December 2013; and (b) the Defendant shall pay the amount equivalent to the monthly installments of the instant vehicle to the victim; and (c) according to the above agreement, the Defendant used the instant vehicle in the management of the instant vehicle by taking a considerable amount of money, such as repair of the instant vehicle after receiving the instant vehicle from the victim, installation of auxiliary equipment, such as scarp, etc.