When the defendant does not pay the above fine, 100,000 won.

The defendant is a person who actually operates D Co., Ltd., an electrical construction company located in Dongdaemun-gu, Seoul, and commercial building C in Jeonju-si.

From July 2015, the Defendant contracted for electrical construction from the victim E to the victim E, G buildings, etc. in the So-jin-gu Seoul metropolitan area F, under the name of (ju) D.

On July 22, 2016, the Defendant received a request from the victim for the said G’s electricity to 50kW high pressure, and applied for electric power use to the Korea Electric Power Corporation around the 8th day of the same month, and received a written notice from the said Korea Electric Power Corporation to the effect that “4,49,000 won of the facility charge for the said electric power use by July 22, 2016” was deposited by e-mail from the said Korea Electric Power Corporation.

The Defendant requested the victim to remit funds to pay the facility charges, and received 4,499,000 won from the victim to the national bank account in the name of the Dispute Resolution Co., Ltd. on the 12th day of the same month, and embezzled the above money for the purpose of personal debt repayment, etc. while keeping it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the E’s statement part);

1. Statement to E by the police;

1. Receipt of an application for electric use, details of text messages, inquiry into the details of deposit transactions, details of transactions of passbook D, details of transactions of passbook with D director H;

1. Application of Acts and subordinate statutes to investigation reports (related to suspect additional telephone statements);

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (1) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;