An application for remedy by an applicant for compensation shall be dismissed.

The defendant is a person in charge of remodeling construction for the main points of the victim B.

On September 3, 2014, the Defendant, at around 19:36, received KRW 5 million from the victim B to transfer the remodeling construction cost, and due to the victim’s error, embezzled the victim’s demand for return of KRW 45 million, which was additionally transferred by mistake on September 4, 2014, while the Defendant received KRW 50 million from the bank account in the name of the Defendant’s wife, and was in custody for the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against B;

1. Application of the statutes governing details, estimates, and certificates of deposit transaction records;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss an Application for Compensation Order [the scope of the recommended punishment] [the scope of the punishment] [the person who is subject to special sentencing] of the basic area ( April to one year and four months] [the decision of sentence] [the defendant embezzleds money deposited by mistake from the injured party without returning the money deposited by mistake] The crime of this case is not good for the crime of this case, and there is no agreement with the injured party.

However, the fact that the defendant recognized the crime of this case, the remodeling work is carried out, and there are parts to be settled between the defendant and the victim, and other factors such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime shall be determined as ordered.