횡령등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant shall be the president of the G Council in Seo-gu Daejeon F.
Around August 1, 2006, the Defendant: (a) provided hospital facilities and other facilities; (b) provided the victim H with the same business; (c) provided the Defendant with 400 million won; (d) distributed the property or debts incurred during the same business at the rate of 60% and 40% to the victim; (c) upon monthly profits, the Defendant and the victim brought 8 million won each month out of the revenue amount; and (d) shared the remainder of which the amount was accumulated 10% of the profit at the end of each year and distributed the remainder at the rate of 60% and 40% to the victim.
However, the victim provided a total of KRW 400 million around November 24, 2006, KRW 200 million around July 31, 2007, KRW 100 million around August 1, 2007, and KRW 100 million around August 1, 2007 at a later time, and determined the time when the contract takes effect by consultation on December 1, 2006, and thereafter, the defendant and the victim jointly operated the above Gwon.
Therefore, after December 1, 2006, hospital facilities or profits are owned jointly by the defendant and the victim, which is the time when the contract of the same business takes effect, and thus, they should not be disposed of without the consent of the victim.
Nevertheless, the Defendant, while carrying the accounts and seals in which the proceeds, etc. of the hospital have been deposited at the above G Council around December 22, 2006, kept the proceeds of the occupational hospital, and without the consent of the victim, paid the personal credit card price of 2,151,825 won before the said account from December 13, 2006 to April 19, 201, 153 (limited to KRW 2,151,825 won out of KRW 11,651,825), 154 through 158, 159 (limited to KRW 182,00,000 among KRW 2,02,00, KRW 163,164, 165 (limited to KRW 2,50, KRW 164, KRW 165, KRW 165, KRW 164, KRW 165, KRW 1637,205, KRW 165,27165).16.7