The Defendant is a “E” household agent located in D when the victim C was in operation, and was working as a business employee from September 1, 2016 to February 28, 2017.

On February 24, 2017, the Defendant entered into a contract for sales and installation of a household with G for the victim at the house of G, which is a customer of the said household agency located in F in F at G, and received remittance of KRW 1,650,000 to the national bank account in the name of the Defendant on the same day as the price.

While the Defendant was in custody of the above money for the victim as a matter of duty, he voluntarily consumed 63,634,500 won from the above household agency customers from September 19, 2016 to March 3, 2017, including the Defendant’s voluntary consumption of the Defendant’s living expenses and gambling funds, etc. around that time, while receiving transfer of money from the above household agency customers to the Defendant’s account under the name of the Defendant, and then making a voluntary consumption at that time.

Accordingly, the Defendant embezzled the sum of KRW 63,634,50 that he kept on duty for the victim.

Summary of Evidence

1. The defendant asserts that some of the defendant's legal statements ( approximately KRW 15,402,00,000, remitted to the victim, should be excluded from the amount of embezzlement.

The Defendant received money from the Defendant’s personal account with the intent to obtain money, and used part of money, and remitted part of money to the victim later in a non-permanent manner. The remittance of money to the victim is nothing more than returning the money to the customer or transaction, but it is nothing more than returning the money at his own discretion by the Defendant, and it does not affect whether the money was established or not.

1. Statement made by the police against C;

1. The details of account transactions with the National Bank and the details of accounts transactions with the Saemaul Treasury;

1. Application of Acts and subordinate statutes of the contract for manufacture, sale and construction;

1. Relevant Article 356 of the Criminal Act, Article 356 of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, and the scale of damage caused by the reasons for sentencing of imprisonment.