The Defendant served as the secretary of the office of “D” certified judicial scrivener in the second floor of Songpa-gu Seoul Metropolitan Government, and supported the affairs of a certified judicial scrivener who vicariously executes various legal affairs, such as filing applications for deposit cases.

On June 26, 2007, the victim E lent KRW 115,00,00 to F, and on August 27, 2007, the land price was disposed of as the right to claim for the registration of transfer of ownership in the land of the Hanam-si, the F owner of the G, and registered the provisional disposition upon receipt of a decision to dispose of the land price. The Korea Land Corporation deposited KRW 99,676,50 with the compensation to be expropriated in the Sungnam branch of the Suwon District Court when cancelling the registration of provisional disposition in the name of the victim in the course of accepting the land on April 16, 2012.

On June 2012, the Defendant received a request from the said certified judicial scrivener office to allow the victim to receive the above deposited compensation, and received a proxy letter from F to receive the deposit payment from F, and on September 11, 2012, the Defendant submitted a written request for payment of deposit payment accompanied by the said power of delegation at a bank support business office located in Seongbuk-si, Sung-si, Sung-si, and submitted the deposit payment claim, etc. at a bank support business office located in 451 as of Sep. 11, 2012, and received remittance of KRW 95,00,676,50 to the bank account in the name of the Defendant and kept for the victim in cash, and used the full amount of KRW 4,676,50 for personal purposes, such as operating expenses of the certified judicial scrivener office and repayment of the principal and interest. < Amended by Presidential Decree No. 23788, Dec. 1, 2012>

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Cash custody certificate, certified copy of register, notice of cancellation of registration due to land expropriation, money deposit, detailed statement of compensation, power of attorney, certificate of receipt of deposit money, and written confirmation;

1. A copy of a name box;

1. Application of laws and regulations on account transactions in one bank;

1. The grounds for sentencing of Article 356 of the Criminal Act and Articles 355(1) of the Criminal Act for the crime [the scope of recommending punishment] Class 1 of the same Act.