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

The Defendant embezzled KRW 3,298,245 from the transaction partner G of the said gas station to the personal account in the name of the Defendant, not the business account of the said gas station, and embezzled the amount of KRW 16,65,409,00 in total over ten times from around February 25, 2015, when he/she was in charge of accounting affairs, such as sales proceeds, at the F gas station located in Changwon-si E operated by the victim D, and was in charge of accounting affairs, such as sales proceeds, around February 25, 2015.

Summary of Evidence

1. Each legal statement of witness D and H;

1. Statement of H in the second examination protocol against the accused prepared by the police;

1. Statement protocol prepared by the police;

1. Investigation report (the currency of the complainant and witness);

1. The Gyeongnam shall apply the detailed transactions (A and No. 12 No. 12 of the evidence list) and the detailed transactions (I and No. 25 of the evidence list) by Gyeongnam.

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to the relevant criminal facts and the choice of punishment;

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

1. The Defendant and his defense counsel’s assertion on the claim of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: from March 1, 2012, the Defendant directly operated the F gas station from around December 28, 2014, and the Defendant served as a monthly wage after leasing the said gas station to the victim on or around December 28, 2014; and the Defendant was aware of the fact that the previous business partners, such as G, continue to operate the F gas station, and that the Defendant was aware of the fact that he was erroneously operating the F gas station, the Defendant deposited the total amount of KRW 13,63,288 in attached Table 1,2,7,9,9, and 10, and returned it to the business partner; on the remainder, the Defendant’s act of offsetting the Defendant’s monthly wage and rent, etc.