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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that the book of this case where the Defendant was in custody in the Han River Logistics Warehouse is kept for the purpose of sale, and that is entrusted with the custody on January 29, 2010 by the party who was in receipt of the request for the custody for the benefit of the victim. The Defendant asserts that, among them, the remaining book of this case where the number of copies exceeds 300 sets, the victim should bear the cost of the custody because it was kept for the benefit of the victim.
A. The storage fees of the books for custody are naturally paid by the victim, and the return of the books was refused until the payment of the storage fees, and it did not refuse to return them with the intention of illegal acquisition.
2. Determination
A. The lower court determined the Defendant and his defense counsel’s legal counsel’s legal suit to the same purport as the grounds for appeal in detail in terms of Articles 3 and 4 of the lower judgment and recognized the intent of embezzlement by rejecting the above assertion.
If the evidence adopted and examined by the court below and the court below are examined closely in light of the records of this case, the above judgment of the court below is just, and there is no error of law as alleged by the defendant.
B. In particular, the Defendant asked at the prosecutor’s office that “the damaged person has kept the instant book in the container and has paid the storage expenses in one hundred and fifty thousand won per month, thereby bringing about the damage to the Han River Logistics that he was using in paying a certain storage fee every month.
The court below stated that "No specific fact exists in the form that he should bear storage fees at the time," and "no fact was demanded to bear the storage expenses for books, or there was no actual claim, but the victim claimed warehouse expenses only when he/she filed a lawsuit claiming the price for goods and filed a lawsuit claiming the price for the goods." The victim is the defendant who stated in the court below that he/she stored the books of this case in Han River Logistics.