On December 2, 2014, the Defendant received a request from the victim D to introduce farmland to reclaim soil and sand in the Defendant’s vinyl house located in Gyeyang-gu Incheon Metropolitan City.

The defendant accepted it and received money from the damaged person as the introduction fee, etc., and received the consent letter of soil and sand reclamation from the land owner or farmer, and served as the land owner and the farmer with the payment of the reclamation cost to the damaged person.

On January 15, 2015, the Defendant embezzled KRW 41,600,00 in total by arbitrarily consuming KRW 41,60,000,00 in the same manner as indicated in the list of crimes in the separate sheet of crime from September 17, 2015, when the Defendant received 6,400,000 won for soil and sand reclamation (calculated as KRW 1,00,000) to be paid to the landowner, and 7,40,000 won, such as KRW 1,00,000,000, in the name of introduction expenses, for the sake of transferring to the landowner.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Details of deposit transactions and written consent to introduce into private land;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission and Report of suspect-related accounts, etc.);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The alleged Defendant received the written consent of reclamation from the landowner and delivered it to the victim. During that process, the Defendant independently handled the work without the involvement of the victim, so the Defendant and the victim entered into a contract or other similar legal relationship.

The defendant.