The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant, as the president of the Defendant in Ischeon-si, was engaged in the operation of the transportation company, such as collecting the freight from the borrower, and paying the full amount of the transportation cost from the transaction partner except for the commission to the borrower; (b) from February 1, 2011 to March 31, 201, the Defendant arbitrarily received KRW 8,439,00 for the transportation cost of the victim E, who is the recipient of the transport of the freight, KRW 9,441,00 for the transport cost of the victim, KRW 5,454,00 for the transport cost of the victim, KRW 9,844,00 for the transport cost of the victim, KRW 7,881,00 for the transport cost of the victim, KRW 7,00 for the transport cost of the victim, KRW 701,00 for the transport cost of the victim, KRW 200 for the transport cost of the victim; and (c) KRW 200839,508.

2. The prosecutor asserts that, on the premise that the transportation cost that the defendant received from the business partner is owned by the cargo owner, the charge of embezzlement was charged against the defendant, and the defendant's defense counsel is owned by the defendant, and the transportation cost belongs to D Co., Ltd. (hereinafter "Defendant Co., Ltd.") that the defendant actually operated by the defendant, and the defendant has the obligation to pay the remainder after deducting the brokerage fee that the defendant should receive from the borrower from each borrower from the transportation cost that the borrower should receive. Thus, the above transportation cost cannot be deemed as the property of another person, the object

Therefore, this paper examines whether the defendant's expenses for transportation collected from the customer are owned by each borrower.

In other words, cargo owners shall pay to the defendant the transport charges that should be paid each month after introducing the transport days from the Defendant Company, such as the construction site, in accordance with the evidence duly adopted and investigated by the court.