1. On January 26, 2010, the Defendant collected KRW 6,000,000 from H Co., Ltd. in Kimhae G and deposited KRW 4,000,000 as the victim’s passbook in the course of carrying out business for the victim. The Defendant spent KRW 2,00,000 for personal use, such as living expenses, around that time.

In addition, the Defendant, from around that time to October 2013, embezzled KRW 97,072,077 by the same method over 43 times, as indicated in attached Table 1, from around that time to around October 10, 2013.

2. Around August 17, 2010, the Defendant collected gas costs of KRW 9,331,690 from the Joint Military Sports Center located in Gohap-gun, Gohapcheon-gun, Namcheon-gun, Incheon-gun, and deposited KRW 8,651,690,00 in the passbook for the victim’s personal purpose, such as living expenses, around that time, and consumed the remainder of KRW 680,690 for the victim’s personal purpose.

In addition, the Defendant, from around that time to September 17, 2013, embezzled total of KRW 26,529,301 by the same method 36 times, as indicated in attached Table 2, from around that time to around September 17, 2013.

2. Determination

A. According to the evidence submitted, the E’s operation F supplied gas to H Co., Ltd. (hereinafter “H”) and the Joint Military Sports Center, and H and Joint Military Sports Center remitted gas proceeds received to the Defendant’s passbook (the Joint Military Sports Center remitted the amount higher than the gas proceeds received, but remitted the gas proceeds in excess of the amount returned), and the Defendant is recognized as having remitted only part of the gas proceeds received, to E’s passbook.

B. The facts charged in the instant case were remitted by the Defendant to the “gas price transferred from H and Joint Military Sports Center” and the “E passbook.”