횡령
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From around January 2008, the Defendant, while operating the “C” hotel in Gangseo-gu Seoul Metropolitan Government, acquired the right to operate the said “E” hotel in Gangseo-gu, Seoul. However, since the Defendant was operating the said “C” hotel, it was difficult to independently operate the said “E” hotel and proposed to remodel the said “E” hotel with the victim F around February 2010 and jointly operate the said hotel. Upon the victim’s consent, the Defendant, 350,000,000 won, the victim, with overall implementation of the project and the construction cost additionally required, jointly operated the said “E” hotel and the share amounting to 50:50,000,000 won.
Accordingly, the defendant is proceeding with the remodeling of the above "E" hotel.
2. Around November, 200, the Defendant completed the business registration of the said “E” hotel in the name of the Defendant, and the said “E” hotel was operated jointly with the victim from the time when the remodeling work was completed on April of the same year.
On the other hand, around June 14, 2010, the Defendant opened a new bank account (Account Number: G) with the Defendant’s name and used the said “E” credit card sales account.
From June 2010 to June 2010, the Defendant jointly operated the said “E” hotel with the victim, and on July 1, 2010 to June 30, the victim entered into a new agreement with the victim to operate the said “E” hotel solely for a period of 24 months from July 1, 2010 to June 30, 2012. The victim shall guarantee the Defendant to pay the profits of eight million won per month, and in any case, at least 12 months shall guarantee the Defendant to pay all the liabilities for the operation of the victim, on a condition that at least eight million won per month shall be guaranteed to the Defendant, but if the monthly security amount is not paid for three months after the lapse of one year, the Defendant and the victim jointly operated the said “E” hotel or the Defendant alone to operate the said hotel.