A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

From the early January 1, 2016 to March 31, 2016, the Defendant was a person working as the head of the business division in the victim D's business division in the Geum-gu, Busan. The Defendant agreed with the victim that "if the damaged party paid the daily wages to be paid by the subcontractor on his/her behalf, and then he/she transferred the wages to the Defendant's account of the subcontractor from the subcontractor to the Defendant, he/she would transfer the said wages to the victim of the daily wages transferred from the subcontractor's business around February 16, 2016 to March 15, 2016."

On April 13, 2016, the Defendant refused to return the said money without justifiable grounds, even though he/she received a transfer of KRW 3,585,460, including KRW 13-1,792,730 from F, and KRW 13-1,792,730 from G around the 14th of the same month, and was kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The Defendant asserts to the effect that the deposit details and reference materials [the statement of text communications] were “the victim, at the time, arbitrarily informed F and G of the Defendant’s deposit account, and thus, the Defendant did not have been in a custodian’s position for the victim, and the Defendant did not have been in an intent of embezzlement.” The facts acknowledged by the evidence duly adopted and investigated by this court were: (i) the victim was delivered wages to the Defendant’s deposit account from the previous date in this court and the investigative agency; (ii) the Defendant was understood as using the same method even after the withdrawal.

Before the deposit of each of the instant wages, “The wage shall be deposited into the Defendant’s account” from F and G was called to the Defendant and asked the Defendant to “to withdraw money” by telephone, and the said Company received money from the said Company.