The defendant is between the victim C and the non-employee relationship.

On June 7, 2013, the Defendant was unable to open a bank account with bad credit standing from the victims of Sulcheon-gun, Ulsan-gun, Ulsan-gun. Accordingly, upon receiving a request from the Defendant, the Defendant opened a bank account under the name of the Defendant, and deposited cash into the account to keep it. On the same day, the Defendant opened an agricultural bank account (D) under the name of the Defendant, deposited the cash received from the victims into the said account, and deposited KRW 145 million in cash received from the victims, and the said account was deposited into the said account. The cash card was held by the Defendant, and the cash card was held by the victim.

피고인은 피해자를 위하여 위 금원을 보관하던 중 2013. 6. 19.경 울산 이하 불상지에서 E 샷시공사의 입찰보증금 명목으로 사용하기 위하여 임의로 위 계좌로부터 500만원을 피고인의 아들 F 명의의 계좌로 이체한 것을 비롯하여 그 무렵부터 2013. 7. 19.경까지 사업자금, 생활비 등으로 위 1억 4,500만원을 개인적인 용도로 사용하였다.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of the complaint filing statement, copy of the Cash IIC card, cash storage certificate, and detailed statement of transactions of self-reliance

1. Relevant legal provisions for criminal facts, Article 355(1) of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] 2 types (10 million won to less than 50 million won) and basic area (1 to 3 years) of punishment / [the decision of sentencing] / [the decision of sentence] Embezzlements large amount of embezzlement and did not repay damage, and the defendant cannot be exempted from punishment corresponding to it on account of the lack of good nature and circumstances of the crime, such as the victim’s wishing to impose severe punishment.

However, the punishment shall be determined as ordered in consideration of the circumstances indicated in the records, such as the defendant's age, character and conduct, environment, relationship with the victim, etc., although there are previous records of errors, but there are no records of crimes other than the fine, the repayment of KRW 35 million, and other circumstances.