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

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

Punishment of the crime

On May 9, 2013, the Defendant: (a) mediated a sales contract for scrap metal generated at the site of the removal of the gas storage tank in Ansan-si Urban Development Project from the removal business entity B in Ansan-si in Gyeonggi-si; (b) transferred KRW 22 million from the victim to the account of community credit cooperatives in the name of D; and (c) remitted KRW 20 million among them to B; and (d) was kept under the name of additional tax on May 24, 2013 after the termination of the sales contract for scrap metal and transferred KRW 20 million from B to the account in the name of scrap metal under the name of D; and (b) accordingly, the Defendant embezzled it by using the Defendant’s personal business funds, hospital expenses, living expenses, etc. around that time, without returning to the victim, even though the Defendant was obligated to return it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (B telephone statement hearing);

1. Application of the statutes to a copy of a bankbook (deposit account in the name of deposit owner D), a copy of a tank scrap metal sales contract (seller B and buyer C);

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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