From April 2015 to June 2017, the Defendant was in charge of general affairs and business management, as well as dump trucks belonging to the company, and the collection of transportation fees to be paid by the customer from around April 2015 to around June 2017.

On June 1, 2015, the Defendant embezzled KRW 90,935,00 from June 1, 2015 to May 17, 2017, a total of 528 transportation fee, which was deposited by the Defendant from the damaged company located in Kimpo-si D, and transported to Kimpo-si, with transportation fee of KRW 2.10,00,00 for the victimized company, such as voluntary consumption in one’s own food expenses, personal living expenses, etc., while receiving transportation fee of KRW 2.10,00 from the customer around that time, and embezzled KRW 90,935,00 for the victimized company.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by each prosecutor with respect to F;

1. Each statement prepared by the F;

1. A written confirmation of facts prepared by the defendant;

1. Written answers prepared by the F;

1. Each transport specifications and transport records;

1. A detailed statement of the current status of settlement of accounts of outstanding deposits, and a detailed statement of the current status of settlement of accounts of outstanding deposits;

1. The details of financial transactions deposited by the accused to the representative G of the accused company, the inquiry table about physical transactions conducted by others of electronic finance, and the application of the statutes of the electronic financial transaction confirmation document;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. The basic area (four months to one year and four months) of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment) (the scope of the punishment shall be less than 100 million won)

2. There are circumstances that may be favorable consideration, such as the fact that the defendant for the decision of sentencing currently misleads and reflects his/her mistake and has no record of punishment exceeding the fine.

However, the defendant, who has been in charge of the collection of money, has embezzled the transportation fee of considerable amounts of money repeatedly for a long time by provoking the trust of the damaged company and pursuing personal interests.