On January 25, 2012, the Defendant borrowed KRW 20 million from the social (State) of Korea on January 25, 2012, and assisted the Defendant from the selection of a middle-string vehicle to the vehicle loan in order to purchase the vehicles with KRW 38 million.

On January 30, 2012, at around 16:00, the Defendant received a remittance of KRW 5 million under the name of cancellation of a loan contract on the same day upon request of the victim to repay the whole amount of the loan and cancel the loan contract because the loan from the victim is too high because the loan from the victim is too high.

The defendant kept 20 million won under the name of the cancellation of a loan contract for the victim, and embezzled by arbitrarily using credit card payment, living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act (Selection of Imprisonment) of the option of criminal facts;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of the sentencing guidelines for recommendations [decision of types] the category of embezzlement and breach of trust crimes, the category 1 (less than KRW 100 million) [the scope of the sentencing guidelines for recommendations and the scope of the sentencing for recommendations]: April -1 year and 4 months.

3. Determination of sentence: (a) the Defendant reflects the instant crime in depth; (b) the Defendant partially repaid the amount of embezzlement (1/4 degree); (c) the considerable portion of the amount of embezzlement was used in living expenses, etc.; and (d) the fact that there is no criminal record exceeding the fine; (b) the amount of damage still remains unrepared under favorable circumstances; and (c) the Defendant’s age, character and conduct, and family environment (in addition, the Defendant’s child operation expenses are difficult due to the Defendant’s economic situation, due to the Defendant’s age, character and conduct, and family environment).