Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

From April 2010, the Defendant served as a substitute driver for the "D's operation" of the victim A, which is located in Gangwon-gun, Gangwon-gun, Gangwon-do, and was in charge of the duties of vicarious driving and fee collection.

On June 30, 2010, the Defendant received the direction from the victim C in Gangwon-gun, Gangwon-do, the Defendant used 102,000 won, excluding expenses, etc., for personal purposes while being kept in order to pay to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of the police officer E (the defendant and his defense counsel are not in the position of keeping the substitute driving fee for the victim. However, according to each of the above evidence, if the above substitute driving fee is paid to the victim once he receives the substitute driving fee due to the moving of two articles who drive the vehicle of the customer and two articles who return to the article carrying the article, and the victim gives 35% of the fee to two articles and takes the remainder of the fee. The expenses that the defendant received from the substitute driving fee belongs to the victim as being received by the act of handling the affairs under the substitute driving contract with the victim and belongs to the owner of the delegating, and the defendant is in the position of keeping the substitute driving fee for the victim. Therefore, the above argument is without merit).

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

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;