The Defendant is a certified judicial scrivener C office in Jung-gu Seoul, Jung-gu, Seoul, from July 20, 2017 to September 8, 2017, who has been engaged in registration affairs, such as creation of a collateral security, as a secretary.

On August 21, 2017, the Defendant was transferred KRW 29,410,720 to the bank account in the name of the Defendant in the name of the Seoul Yongsan-gu Seoul Metropolitan Government, upon receipt of a request from the victim Q Q to register the transfer of ownership of the land of 118.3 square meters in Seongdong-gu Seoul Metropolitan City, as acquisition tax.

Defendant 1 was in the occupational custody of the above money for the victim, and at around that time, he embezzled the above money by voluntarily consuming it under the pretext of debt repayment and living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. Complaint;

1. Investigation reports (Submission of victim's written opinions, etc.), investigation reports (Binding of transaction specifications), investigation reports ( telephone conversations which are the complainants);

1. Application of Acts and subordinate statutes to the inquiry of transaction details, payment confirmation of acquisition tax, full certification of registration matters, Kakao's Stockholm details, various tax receipts, written opinion, transfer confirmation, and statement of passbook transactions;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] of Type 1 (the scope of the punishment being less than KRW 100 million) (no person subject to special sentencing shall be subject to special sentencing];

2. Although the sentence of this case leads to approximately KRW 30,000,000, the fact that there was no damage recovery, etc. is disadvantageous to the defendant. Meanwhile, although the defendant is being tried separately, there are no particular criminal records except the case, and all of his/her errors are recognized and they are against it, etc., considering the circumstances favorable to the defendant, and the sentencing conditions are imposed, such as the defendant's age, sex, family relationship, living environment, means and result of the crime, etc.