The defendant shall be innocent.

1. The Defendant: (a) was operating a D gas station located in Ansan-si; (b) on November 1, 2012, at the “G office” of the victim F’s operation of the Defendant located in Ansan-si; and (c) on the part of the victim, the Defendant: (a) purchased the ship with the knowledge that he had been working in the oil company before towing; (b) on the part of the ship, he may sell 250 million won at a container; (c) purchased the imported oil at a container up to 3.4 billion won for advance payment of imported oil; (d) on the part of the Defendant’s advance payment of KRW 1.3 billion; and (e) received at his own expense KRW 1,49 million from the Defendant’s bank account on December 16, 2012, KRW 201.3 billion; and (e) KRW 1,500,1300,000,000 won from the Defendant’s bank account on January 19, 2013.

2. The crime of embezzlement is a crime where the custodian of another’s property embezzled or refuses to return the property, and the subject of embezzlement is “a person who keeps another’s property.”

In this context, the term "storage" means occupying the property by the consignment relationship, and therefore, in order to constitute embezzlement, there is a legal or de facto consignment relationship between the custodian of the property and the owner of the property.

This trust relationship is not necessarily established by the explicit contract between the truster and the trustee, but can also be established by the implied agreement. Whether such trust relationship exists is between the truster and the trustee, the motive and circumstance of the trustee to keep the property, and the truster and the trustee.