On December 2, 2017, the Defendant requested the victim B to purchase the business license plate of 4.5 tons of dump trucks and the business license plate of 2.5 tons of dump trucks from the victim B. On February 7, 2018, the Defendant deposited KRW 10 million with the national bank account (D) in the name of the national bank (D) in the name of the contract deposit on or around February 7, 2018. On March 2, 2018, the Defendant received KRW 30 million in the same account as the purchase price and transferred KRW 4 million in the form of the same account as the purchase price, and embezzled the remainder of KRW 36 million by using the personal debt repayment, etc. of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits, such as a copy of a bankbook and a remittance certificate;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, imprisonment with labor from April to April 14 months;

2. The sentence of imprisonment with prison labor shall be imposed in consideration of the fact that the amount of damage caused by the determination of the sentence is not substantial and that it is not agreed with the victim; the sentence shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime;