Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

On September 30, 2017, the Defendant received KRW 9,662,00,00 from the victim C who operated a store selling over-the-counter in the trade name B around 19:04, to the agricultural bank account in the name of the Defendant’s wife.

However, this was erroneously remitted to the defendant's non-transferable account of freight, which transported the excess amount to be remitted to D who is the buyer.

The Defendant was in custody of KRW 9,662,00,00, which was erroneously remitted for the victim, and then embezzled by consuming it as living expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. Complaint;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to deposit transactions;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;