On April 19, 2016, the Defendant: (a) was entrusted with the sale of EbenzE200 cocks from the victim D to the Ebench Capital Co., Ltd.; (b) sold it through F; (c) received KRW 27.2 million from the above F to the Defendant’s name bank account; and (d) used the Defendant’s personal debt repayment or Internet gambling expenses at around that time, and embezzled it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Vehicle registration certificate;

1. Statement of terms and conditions of lease agreement;

1. A motor vehicle lease contract;

1. President to collect lease fees;

1. Investigation report (F telephone conversations for reference);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. Four months to one year and four months from the date of imprisonment on the sentencing criteria (the basic area of the category of embezzlement and breach of trust (less than one hundred million won));

2. Determination of sentence: (a) the Defendant, who entrusted the sale of vehicles, embezzled the sales price of the vehicle by using the transaction price for personal debt repayment, Internet gambling, etc. with the customer who entrusted the sale of the vehicle.

Although the defendant has embezzled a large amount of money, the defendant still has not shown any effort to recover damage.

The defendant's mistake is recognized, and the defendant has no past history of criminal punishment, and the punishment shall be determined as per the order in consideration of favorable circumstances.