Around September 18, 2015, the Defendant entered into a construction contract with the “E” for the operation of the victim D and the “E” for the steel framed of the FF building in Busan City under the name of the LAB, setting the construction cost of KRW 210 million, advance payment of KRW 63 million, intermediate payment of KRW 63 million, remainder payment of KRW 84 million, and the victim company did not pay the construction cost of KRW 84 million due to the failure to pay the construction cost by the LAB, which is the prime contractor, around October 30, 2015.

On May 25, 2016, the Defendant: (a) written an agreement on the construction adjustment that the Defendant would pay the unpaid construction cost directly to the victim on the same day, stating that “If the Defendant wishes to pay the construction cost from the real estate owned by the Dispute Resolution Co., Ltd., not the Dispute Resolution Co., Ltd., but the Dispute Resolution Co., Ltd., the provisional attachment established by the Dispute Resolution Co., Ltd., in the real estate owned by the Dispute Resolution Co., Ltd., and if so, the said agreement will be paid to the Defendant directly.”

After that, around May 27, 2016, the Defendant received a total of KRW 96.5 million, including the balance of the construction cost to be paid to the victim from the Dispute Settlement Bank Co., Ltd., and KRW 12.5 million, and kept it for the victim, the Defendant embezzled the remainder of KRW 71.5 million by using the remainder of KRW 25 million for the construction cost, etc. on two occasions on June 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Statement of D police statement;

1. A construction subcontract agreement, a copy of the construction contract, and a specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (K Communications for Witnesses);

1. Relevant Article 35(1) of the Criminal Act regarding the crime, Article 355(1) of the Criminal Act regarding the selection of punishment, and the defendant's reason for sentencing of imprisonment, confessions and reflects the crime of this case.