The defendant shall be innocent.

1. The summary of the facts charged is the substantial representative of Seocho-gu Seoul Metropolitan Government DNA Building (State) E.

On September 29, 2008, the Defendant: (a) purchased the said machinery from the victim (the state F) on August 23, 201; (b) sold it to Nonindicted Party G without permission from the victim on August 23, 2011; and (c) embezzled one of the said machinery by selling it without permission from the victim until full payment of the balance of the purchase price is made with respect to the ISSSS 1 unit (the market price equivalent to KRW 9590,00,000; hereinafter referred to as “the said machinery”); and (d) sold it to Nonindicted Party G without permission from the victim until full payment of the balance of the purchase price.

2. The instant mechanical sales contract for the Defendant’s assertion was not a sales contract for ownership reservation.

Therefore, the defendant's selling machinery to G does not constitute embezzlement.

3. The evidence as shown in the facts charged in the instant case includes the statement of the employee H of the victim company directly involved in the instant contract and the copy of the goods supply contract.

However, a copy of the goods supply contract of this case stating the purport that the contract of this case is a contract for the reservation of ownership does not state the signature and seal of the parties, and even if based on H's statement, the contract of this case was sold on the part of the defendant's company and sent the machinery of this case to I as the first place. After that, I sold the machinery of this case only by receiving the down payment without any reply from I to conclude the fixed contract as stipulated in the draft of the contract. Thus, the copy of the contract of this case has no validity of the contract of this case, and there is no evidence that the defendant has ownership of the machinery of this case until he pays the balance in full.

4. In conclusion, the facts charged of this case premised on the ownership of the machinery of this case to the victim company.