On March 22, 2019, the Defendant: (a) around the west-gu, Gyeonggi-gu, Gyeonggi-do; (b) around the west-gu, Gyeonggi-do; (c) opened the access route for the land owned by the victim B; and (d) should use part of the D land adjacent to the land upon the request of the owner of D to the effect that “the consent of use is obtained from the owner of D; and (d) agreed, the Defendant paid money to the owner of D who wishes to obtain the consent of use” to the effect that “the money to be paid to the owner of D would be necessary for the purpose of the above use”, such as “the money to be paid to the owner of D’s land.”

On March 22, 2019, the Defendant received a total of KRW 1.7 million from the time to April 25, 2019, including the transfer of KRW 1.7 million from the Agricultural Cooperative (F) in the name of the Defendant’s child, to the Defendant’s child, from around March 22, 2019, from the time to April 25, 2019, and used KRW 39 million for personal purposes, such as repayment of debt, living expenses, etc. at will at that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination of the suspect's interrogation of the accused in court statement by the prosecution;

1. Each police statement statement of B and G ("G telephone hearing") each certified copy of each police report;

1. Application of Acts and subordinate statutes on details of deposit transactions, such as details of deposit transactions and remittance certificates;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act for the choice of criminal facts;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. 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 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: Imprisonment with prison labor for a period of four months, the defendant means that expenses are necessary to obtain consent to the use of land for the victim and that a total of 39 million won is required.