Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant is a person who serves as the head of the office of law office in Ansan-si B or C, 305.

around October 14, 2013, the Defendant knew at the above office upon the request of the victim E, the principal contractor of the building of the Dog-gun D-gun Dog-gun, Chungcheongnam-do.

F and G have arranged the victim to borrow KRW 120 million to the victim, and on the same day, F et al. paid KRW 70 million to H, a construction business operator of the penta new construction project.

In addition, the Defendant, upon the victim’s request, delegated the management of the remainder of KRW 50 million to the victim, and agreed to request the above FF, etc. to pay the borrowed money under the pretext of the construction cost with the consent of the victim.

On October 22, 2013, the Defendant received transfer of KRW 10 million from the F to the victim for the payment of the construction cost, and has been in custody for the victim, and then consumed KRW 3.5 million for personal purposes, such as arbitrarily offsetting the Defendant’s debt to the Defendant.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of E, I, and H);

1. Each prosecutor's statement concerning E, I, H, and F;

1. Each police statement made to E and I;

1. Recording records;

1. The details of entry and withdrawal transactions [the defendant only arranged to enable E, etc. to borrow money upon request from E and to F, etc., and not delegated the management of the borrowed money from E, the defendant is in the position of custodian in relation to E;

I argue that it cannot be seen.

A person to whom the administration of affairs involving the number of money prior to such an act was delegated receives from a third party for that person on the basis of such act, as the money entrusted only for the purpose or purpose, is different.