On July 12, 2007, the Defendant sentenced 3 years of imprisonment and fine 2,00,000 to the violation of the Labor Standards Act, fraud, embezzlement, etc. at the Suwon District Court on July 12, 2007, and was provisionally released on May 29, 2009 and passed on June 27, 2009 during the execution of the sentence.

From around May 2007 to May 2009, the Defendant had been living together with the victim D in a governmental prison, etc., which had been in the city of Gyeonggi-do, and had been released first, and managed the victim's property upon the victim's request.

On September 1, 2010, the Defendant was delegated with the authority to receive and keep the lease deposit money deposited by the owner of the building leased by the victim from the victim at the deposit office of the Seoul Northern District Court deposit office located in Dobong-gu Seoul, Dobong-gu, Seoul, Seoul, in lieu of the lease deposit money, and received KRW 126,345,143 from the Defendant’s wife in the name of the Agricultural Cooperative deposit account (Account NumberF) in the name of the Defendant’s wife.

As such, while the Defendant kept the above deposit money for the victim, on September 3, 2010, transferred 45,000,000 won to G as the sales contract amount for the building of the following industry. At around that time, 14,065,143 won was used as living expenses, etc. and arbitrarily consumed KRW 59,065,143 in total.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D and H;

1. A written statement of I;

1. A complaint;

1. Each investigation report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records investigation reports, previous records of disposition, report on results of confirmation, investigation reports (the date of release, etc.);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Article 35 of the Criminal Act provides that the Defendant has committed another crime during the period of repeated crime even though he was already sentenced to punishment for the same kind of crime, and that the Defendant has committed another crime during the period of repeated crime. However, the Defendant’s criminal records, such as repayment of