If the defendant does not pay the above fine, KRW 100,000.

The Defendant is a person who operates the “E” in the region where D and Indonesia Co., Ltd. are located in Ulsan-gu, Seoul.

From October 2009, the victim F was a person who runs a construction business and was frightly living in Vietnam with G and neighboring areas from Vietnam. Since early 2013, the victim F was introduced from the above G to the Defendant on the ground that the above G was employed as the head of the said “E” corporation.

On March 16, 2013, the Defendant: (a) at a coffee shop in which it is impossible to ascertain the trade name near the suburban bus terminal located in Ulsan-gu, Ulsan-gu; (b) the Defendant stated, “I would like to recover money to be used by N indonesia in local currency from the victim’s seat I to transfer the amount of KRW 5 million to the Defendant’s accommodation expenses, sirens, entertainment expenses, etc.” (Account Number H) to the Defendant; and (c) around that time, the Defendant embezzled the amount of KRW 5 million in the name of the expenses to be used by the victim in Indonesia from the victim’s seat I to the above T-bank; and (d) on March 18, 2013, the Defendant embezzled the amount of KRW 5 million in the anti-do Indonesia Government from March 18, 2013 to the Defendant’s accommodation expenses, rental expenses, entertainment expenses, etc.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness F in the third protocol of the trial;

1. Partial statement of witness G;

1. The statement made in F or G in the suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act asserts that the crime of embezzlement is not established because the above five million won was the money to be used as joint expenses with G, victim F, etc. in Indonesia.

However, according to the evidence duly adopted and examined, the above five million won is the defendant's deposit account from I.