Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who has worked for the victim B (Nam, 65 years of age) as a head at C's port of port in North-gu D Apartment construction site in North-gu.

From December 1, 2017 to December 9, 2017, the Defendant was transferred KRW 4,656,30, including labor cost of KRW 3,834,540, which shall be paid from the victim E, to the F Bank account (G) in the name of the Defendant on January 10, 2018, in total, nine days in total, from December 1, 2017 to December 9, 2017. However, as the victim erroneously prepares a written claim for labor cost of one-time work, the Defendant was transferred KRW 4,656,30, including labor cost of KRW 3,834,540, to E.

Although the Defendant knew that KRW 3,834,540 was erroneously remitted due to mistake, the Defendant arbitrarily consumed and embezzled the money without any justifiable reason even after receiving a demand for return from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. A complaint;

1. Detailed statement of payment of labor expenses for daily use, and account transfer statement;

1. Application of Acts and subordinate statutes on account transactions;

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;