피고인은 2010. 7. 1. 석유 판매업을 영위하는 피해 자인 에스케이 네트 웍스 주식회사와 대전 동구 B에 있는 피해자 회사의 직영 주유소인 C 주유소에 대한 위탁운영 용역계약을 체결하고, 같은 날부터 2016. 4. 18.까지 사이에 위 주유소를 위탁운영하면서 피해자 소유의 유류 재고 관리, 유류 판매대금 수금 및 보관 업무에 종사하였다.

The Defendant: (a) had been kept in custody of the victim’s oil inventory and oil sales proceeds on behalf of the victim; (b) had sold oil between December 2, 2010 and April 17, 2016, sold and received the payment for oil; (c) had arbitrarily created a processed credit credit claim from 33 other trading companies, such as D, or re-re-claimed the oil; and (d) had consumed KRW 189,249,197 for personal purposes, such as living expenses, debt repayment, etc., in the Daejeon War.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the defendant;

1. Current status of claims owned by gas stations;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The circumstances that are disadvantageous to the reason for sentencing punishment of imprisonment with prison labor, including Article 356 and Article 355(1) of the Criminal Act, Article 356 and Article 355(1) of the Criminal Act, comprehensively with respect to the facts of crime: The amount of embezzlement is a large amount, and the amount of embezzlement is not yet repaid by 100 million won, is contrary to the circumstances that are favorable to the contrary, 90 million won is repaid, and the first offense is a first offense;