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The defendant shall be innocent.
Reasons
1. Around July 12, 2011, the Defendant borrowed KRW 400 million from the victim E at the office of D Co., Ltd., Ltd., Inc., Ltd., the Defendant, as a security, transferred all facilities installed and used in the above D, and the possession of machinery, etc., to the victim.
The Defendant, at around 22:00 on July 20, 2012, carried out the television amounting to KRW 500,000,000 at the market price, which was installed and used in the above D (F).
Accordingly, the defendant taken the goods of the defendant, which is the object of the victim's right, and obstructed the victim's exercise of right.
2. Determination:
A. It is true that the Defendant, at the above date and time, has the above electrical equipment, flama cutting, and television, but the above objects do not have originally been the object of the victim’s transfer security right or other rights due to his own property, and the Defendant, who was employed in F, a workplace for convenience, left away from the investigative agency to this court.
B. Thus, the evidence submitted by the prosecutor should be recognized that the above temporary and current electrical contact belongs to the victim's rights. Accordingly, the evidence presented by the prosecutor is only a statement in G police and this court, which is the victim's agent.
C. However, according to the records of this case, the following circumstances are recognized.
(1) Since it is difficult for G to recover existing investments in D Co., Ltd. (hereinafter “D”), around April 201, G established a company with the trade name F, after acquiring the entire facilities of D from H, the victim E, one’s wife, and operated it with the victim.
(2) On July 12, 2011, the Defendant, who received D’s audit relating to the acquisition of the above facilities, jointly with H, shall be jointly signed by the victim on July 12, 201.