From October 1, 2010, the Defendant is a person who works as a taxi engineer from tri-party - a limited liability company, which is the complainant, as a taxi driver, and a person who operates a taxi (B) of the company and received passenger transportation income from the company and deposits it into the company.

On October 3, 2012, the Defendant operated the above taxi at Incheon Japan, and received KRW 149,500 from passengers to keep the transport income for business purposes.

On October 3, 2012, the Defendant embezzled KRW 104,70,00 out of transport income to the complainants without paying KRW 44,800, and embezzled it at his own discretion without paying KRW 44,800 out of transport income at the Samri Transportation Office located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, in a manner that did not deposit KRW 889,700 in total of transport income over 25 times until November 20, 2012, as shown in the annexed List of Crimes.

Summary of Evidence

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to file a complaint, unpaid details of transport earnings, operating log, and operating log records;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (the motive and circumstance of the instant crime, amount of damage, etc.) of the suspended sentence;