The defendant is an employee of Company B who is engaged in construction machinery brokerage business.

On March 23, 2013, the Defendant: (a) arranged for the purchase of dump trucks owned D in the vicinity of the YAFYYYYYYYYYYY, the Defendant agreed to pay the transferor the balance of KRW 78,000,000,000, on condition that the transferor would cancel the right to collateral security established on the said dump trucks.

On April 2, 2013, the Defendant: (a) the transferor cancelled the establishment of the right to collateral security of dump trucks; (b) provided the transfer documents, and (c) received the balance amount of KRW 78,00,000 from the transferor to the transferor; and (d) embezzled the balance amount of KRW 38,000,000 from the victim to the victim for the remainder; and (b) he arbitrarily consumed the amount of KRW 38,000,000,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to documents to be submitted (transfer certificate, passbook copy, construction machinery registration certificate, notification, etc.);

1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, reasons for sentencing the sentence of imprisonment [the scope of recommending punishment] The crime of embezzlement and breach of trust, type 1 (less than KRW 100,00), type 1 (less than KRW 100,00), and the basic area of imprisonment] The main reason for writing / [whether suspended execution of imprisonment] The general reason for writing / at least two times or more: On the other hand, the general reason for writing : Partial damage recovery (or 3,300,000 won out of KRW 38,00,000) [the decision of sentencing] The amount of six-month embezzlement of imprisonment has not been actively made by the defendant to recover from damage; the victim complained of a severe punishment against the defendant; the defendant has been tried on two consecutive occasions before the sentence was rendered by the defendant before the sentence was rendered; the motive and circumstances of the crime in this case; the defendant's family relation; and the motive and circumstances of the crime in this case.