From April 201, the Defendant had been living with the victim from around August 13, 201 to around August 13, 2016, and had the victim’s health deteriorated due to around around around May 2016, the Defendant kept the passbook, card, etc. of the victim to use for living expenses, hospital expenses.

On May 23, 2016, while the Defendant kept a passbook, card, etc. of the victim for the victim, he embezzled total of KRW 311,609,202 by consuming KRW 50 million from the victim’s corporate bank account (C) to his own bank account and consuming it for personal use with his own savings premium, etc. in mind as well as by consuming KRW 311,609,202 as recorded in the list of crimes in the annexed crime list.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the list of transfers, the details of the transactions of bank deposits, the details of the transactions of bank deposits and withdrawals by enterprise banks, the F Bank's entry and withdrawal transactions, the officetel charter contracts, apartment charter contracts, apartment charter contracts, records, requests for reports, inquiries about facts, and the details of card use;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective 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 summary of the assertion is that the victim donated money to the defendant (as stated in the crime of this case Nos. 1, 4, and 5) or that the defendant transferred money to the defendant's account for expenditure of household expenses necessary for community life with the victim (as stated in the crime of this case, only 2, 3) and then used money by the defendant.

Even if it is embezzlement, it can not be regarded as embezzlement.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant’s embezzlement of each money listed in the annexed crime list is recognized.

(a) 50,000 on May 23, 2016