With respect to the operation of the E Nursing Center located in Suwon-gu, Busan (hereinafter “Nursing Center”), the Defendant was subject to a proposal for entrusted management from the victim F to the Defendant’s name, and was engaged in the operation and fund management. In fact, the Nursing Center served as an affiliated agency of the G Free School operated by the victimized person.

On May 8, 2012, the Defendant embezzled the victim’s property by consuming KRW 11,517,530 in the same way as written in the list of crimes in attached Form 21, from around that time to October 7, 2014, while he/she had been in custody for the victim’s personal use at the nursing center in Busan, etc., and used KRW 264,00 for the personal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H in each part;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses I);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted that the nursing center is a personal business entity owned and operated by the defendant alone. However, according to the evidence duly adopted and investigated by this court, the nursing center was established to cover the funds for free school meal facilities operated by the victim from the first stage of establishment, and it was recognized that most of the actual roles of the nursing center were performed, such as securing funds for establishment of the victim and securing a hospital for business operation. Thus, the above argument that the nursing center is a sole ownership of the defendant.