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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the representative director D of the victim C Co., Ltd. is the wife relationship.
On January 2003, the Defendant received a request for trust in the name of the name of the Defendant and the Defendant’s wife to lend the forest land near F in the Cheongju-si Office E, Cheongju-si, a representative of the victim, in order to register the transfer of ownership under the name of the Defendant and the Defendant’s wife.
Accordingly, on January 29, 2003, the victim purchased the 76,755 square meters of land and J forest, 2,981 square meters in the Gu-Si, Si, Cheong-si, Si, Cheong-si, Cheong-si, and filed for the registration of transfer of ownership under the name of the defendant on February 15, 2003. On July 24, 2003, the victim purchased the 18,48 square meters of land in the Gu-si, Si, Cheong-si, Si, Cheong-si, Cheong-si, Cheong-si, and completed the registration of transfer of ownership under the name of the defendant and the defendant's wife on July 25, 2013. On June 21, 2004, the victim purchased N3,850 square meters of land and 327 square meters of land in the name of the defendant and his wife on the same date.
While the defendant kept the above forests and fields in trust in the above name for the victim, on December 27, 2012, the defendant set the maximum amount of 1,980,000,000 won to the above forests and fields for the above association at the Cheongju Livestock Industry Cooperatives, which was located in Paju-dong 378-7, Cheongju-si, Cheongju-si, U.S., and embezzled them by borrowing KRW 1,850,00,000 from the above association.
2. Determination
A. The subject of embezzlement as prescribed by Article 355(1) of the Criminal Act should be the person who keeps another’s property, and shall be determined by the Civil Act, the Commercial Act, and other substantive laws, whether it is another’s property.
Since custody in embezzlement means the possession of property through a consignment relationship, in order to constitute embezzlement, there is a legally or de facto consignment fiduciary relationship between the custodian of the property and the owner of the property (or the owner of other principal rights).
Such entrustment trust relationship is delegated to the lease of the use lease.